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FOR  EVERY  STATE  IN  THK  UNION; 


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NEW   EDITION— REVISED   AND   ENLARGED. 


\V  E  L  L,  S » 

EVERT  MAN  His  OWN  LAWYER 

AND 

BUSINESS  FOEM   BOOK. 

A    COMPLETE    GUIDE   IN   ALL   MATTERS   OF    LAW    AND   BUSINESS 
NEGOTIATIONS, 

FOR  EVERY  STATE  IN  THE  UNION. 

•WITS  LEGAL  FORMS   FOR  DRAWING  THE  NECESSARY  PAPERS,  AND  FULL  IN- 
STRUCTIONS FOR  PROCEEDING,   WITHOUT  LEGAL  ASSISTANCE,  IN  SUITS 
AND  BUSINESS   TRANSACTIONS  OF  EVERT  DESCRIPTION  ; 

ALSO, 

THE  GENERAX  BANKRUPT  LAW  ;  PATENT  LAWS,  WITH  FULL  INSTRUCTIONS  TO 
INVENTORS  ;  PENSION  LAWS,   WITH  FORMS  AND  INSTRUCTIONS  TO 
HNABLE  THE  DISCHARGED  SOLDIER  OR  SAILOR  TO 
PROCURE  BACK  PAT,  PENSIONS,  BOUN- 
TIES.  AND  ALL  WAR*  CLAIMS. 

TEE  DIFFERENT  STATE  LAWS  CONCERNING  PROPERTT  EXEMPT  FROM  EXECUTION, 
COLLECTION  OF  DEBTS,   MECHANICS'   LIENS,   CONTRACTS,  LIMITATIONS 
OF    ACTIONS,   USURT,   QUALIFICATIONS  OF  VOTERS, 
LICENSES  TO  SELL  GOODS,   ETC.     .-^ 

ALSO, 

THE   EXCISE  LAWS,   STAMP  DUTIES.   POST  OFFICE  AND  CUSTOM  HOUSE  REGU 

JLATION3,  THE  WHOLE   ACTION  OF  THE  GOVlSfcttENT  RELATIVE   TO  RE 

CONSTRUCTION  AND  TH2    FREEDMEN.   CONSTITUTION  OF  THS 

UNITED   STATES,  WITH  AMENDMENTS^  STATE   SEALS, 

WITH  DESCRIPTIONS.   ETC. 


SAN   FRANCISCO: 
H.  II.  BANCROFT  &  COMPANY. 

609  MONTGOMERY-  STREET. 
1869. 


Emtered  according  to  Act  of  Congress,  in  the  year  1867,  by 
JOHN  Q.  WELLS, 

la  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Southern 
District  of  New  York. 

Entered  according  to  Act  o/  Congress,  in  the  year  1868,  by  the 

MASONIC  PUBLISHING  AND  MANUFACTURING  Co., 

JU  &e  ClerVs  Office  of  the  District  Court  of  the  United  States  for  the  Southern 
District  of  New  York. 


Buuxoft  Lfcrwy 

INTRODUCTORY. 


THIS  work,  prepared  some  years  ago,  was  received  with  great 
favor  by  the  public,  attaining  a  larger  sale,  it  is  believed,  than  any 
work  of  the  kind  ever  published.  Lapse  of  time  has  brought  mate- 
rial changes  in  the  statutes  of  many  of  the  States ;  the  war  has 
not  only  altered  the  social  condition  of  some  of  them,  but  has  intro- 
duced the  Internal  Revenue  system,  National  Banks,  modifications 
of  the  Tariff,  amendments  to  the  Constitution  of  the  United  States, 
emancipation  of  the  slaves,  and  the  General  Bankrupt  Law. 

The  subject  of  Pensions,  Bounties  and  War  Claims,  has  also 
assumed  a  new  and  greatly  increased  importance.  " 

These  numerous  changes  have  led  the  publishers  to  make  a 
new  and  thoroughly  revised  edition,  reproducing  the  whole  work  ; 
and  they  have,  without  regard  to  expense,  procured  the  services  of 
the  men  most  competent  to  bring  every  department  of  it  up  to  the 
present  requirements  of  the  laws,  statutes  and  provisions.  So 
critical  and  thorough  has  been  this  revision,  that  it  is  the  convic- 
tion of  the  publishers  that  the  most  implicit  reliance  can  be  placed 
upon  the  work,  as  authority  on  all  the  subjects  of  which  it  treats. 

The  utility  of  such  a  work  no  one  will  now  question.  The  sale 
of  hundreds  of  thousands  of  copies  of  the  former  editions,  and  the 
constant  demand  for  it,  have  settled  that  point.  The  professional 
man,  the  farmer,  the  mechanic,  the  manufacturer,  the  soldier,  the 
sailor,  each  requires  a  convenient,  comprehensive  and  reliable  work 
which  will  enable  him  to  draw  up  any  instrument  in  writing  that 
may  be  required,  in  a  legal  form  ;  which  will  furnish  such  legal 
information  as  is  usually  called  for  in  the  various  avocations  of  life  ; 
a  book  that  everybody  can  understand,  and  that  will  enable  every 
man  or  woman  to  be  his  or  her  own  lawyer.  To  make  such  a  work, 
and  make  it  well,  was  no  small  task  ;  but  by  patient,  continued,  and 
intelligent  labor,  it  has  been  achieved. 

BANKETJPTS   AND   CEEDITOES 

will  find  in  this  work,  in  addition  to  information  indispensable  to 
every  business  man,  the  General  Bankrupt  Law,  with  Forme,  ex- 
planations,  and  full  instructions  for  taking  the  benefit  of  the  Act, 
without  legal  assistance. 


INTRODUCTORY. 


THE    CITY    WHOLESALE    MERCHANT, 

whose  customers  are  scattered  throughout  the  country,  will  find 
this  manual  indispensable  for  his  information  concerning  the  laws 
of  the  various  States,  in  regard  to  the  Collection  of  Debts,  the  Limit 
ation  of  Actions,  Homestead,  and  other  laws  exempting  property 
from  attachment,  Stay  Laics,  the  Laws  of  Frauds,  Rates  of  Interest, 
Peddlers'  Licenses  to  Sell  Goods,  Merchants,  Brokers,  Auction,  and 
Commercial  Traveler's  License,  Stamp  Duties,  Post  Office  and  Cus- 
tom Ilouse  Regulations,  etc. 

THE    CITY    RETAILER, 

\vhose  customers  are  at  home,  cannot  safely  give  them  credit  with- 
out being  familiar  with  the  legal  details  concerning  false  pretences 
of  buyers.  He  will  also  find  the  following  topics  indispensable  in  hig 
business  :  Copartnership  Agreements  and  Dissolutions,  Assignment* 
of  Goods  to  Creditors  and  others,  Policies  of  Insurance,  Powers  and 
Instructions  for  all  the  successive  Legal  steps  in  cases  of  Bankruptcy 
Promissory  Notes,  Due  Bills,  Receipts,  Money  Orders,  Postal  Regu- 
lations, Goods  requiring  a  Stamp,  etc.,  etc. 

THE    COUNTRY    MERCHANT 

will  find  most  of  the  foregoing  valuable  in  his  business,  but  in 
addition,  he  will  find  use  for  F^frms  of  Bills  of  Sale,  Letters  of 
Credit,  Contracts,  Notes,  Orders,  Business  Bills  and  Orders,  Agree* 
menU  for  the  Sale  of  all  kinds  of  Personal  Property,  Bonds,  Chattc* 
and  other  Mortgages,  Orders  and  Due  Bills  for  Goods,  factorizinQ 
writs,  and  many  other  matters. 

THE    CITY    OR    COUNTRY   ATTORNEY 

will  here  find,  ready  at  his  hand,  in  reliable  form,  legal  instrument* 
of  every  description,  including  those  for  Deeds,  Bonds,  Mortgages, 
Indentures,  Powers  of  Attorney,  Articles  of  Copartnership,  Letter- 
of  License,  Credit  Agreements,  Satisfactions,  Judgments,  Leases, 
Wills  and  Codicils,  Compositions  with  Creditors,  Forms  for  Pension. 
Bounty,  Back  Pay,  and  Indemnity  Claims,  Internal  Revenue  Deci- 
sions, together  with  a  great  mass  of  carefully  collected  information; 
which  will  enable  him  to  state  tbe  law-points  on  nearly  all  cases 
which  may  be  brought  before  him 


INTRODUCTORY.  5 

JUSTICES    OF   THE    PEACE    AND   NOTARIES    PUBLIC, 
mil  find  tliis  work  of  great  value  to  them.    In  all  cases  of  civii 
guits  which  come  before  a  justice's  court,  and  in  all  the  provisions 
for  Protests,  Affidavits,  Acknowledgment  of  Deeds,  Wills,  Agreements, 
Contracts,  Leases,  etc.,  etc.,  the  work  is  absolutely  perfect. 

THE    FARMER, 

also,  will  find  use  for  Deeds  of  all  kinds,  Mortgages,  Satisfaction  of 
Mortgages,  Bills  of  Sale  for  all  kinds  of  property,  the  Laws  in  refer- 
ence to  Lost,  Strayed  or  Stolen  Cattle,  Fences,  Roads,  Cultivation  of 
Lands,  Homestead  Laws,  and  Exemptions ;  the  Laws,  Forms  and 
steps  to  be  taken  for  recovering  or  obtaining  Public  Lands,  the  mode 
of  making  out  his  returns  of  Income,  and  the  taxes  to  be  paid  on  the 
produce  of  his  farm,  etc.,  etc. 

THE    MECHANIC. 

In  addition  to  much  other  valuable  matter,  the  Lien  Laws  of  the 
various  States  and  Territories,  the  Statute  of  Limitation  to  Actions, 
the  Liabilities  of  Contractors,  Journeymen  and  Apprentices,  the 
Laws  of  the  different  States  and  Territories  in  regard  to  the  Claims 
of  Workmen  for  Labor,  and  instructions  for  proceedings  in  collect- 
ing the  same. 

FOR  LANDLORDS  AND  TENANTS, 

We  have  provided  Forms  of  Leases  and  Agreements,  and  all  the 
necessary  instructions  and  forms  for  installing  and  rejecting  tenants. 

THE    DISCHARGED    SOLDIER    OR    SAILOR 

*•          . 

and  his  family,  will  find  here  all  the^instructions  and  forms  neces- 
sary to  enable  them  to  procure  Back  Pay,  Pensions,  Bounties,  and 
War  Claims  against  the  Government.  This  matter  has  been  pre- 
pared with  extraordinary  care,  and  is  pronounced,  by  those  most 
competent  to  judge,  absolutely  perfect.  By  the  aid  of  this  book, 
any  invalid  soldier  or  widow,  or  children  01  other  heirs  of  a  de- 
ceased soldier,  who  can  read  and  write,  can  make  out  their  pen- 
sion, back  pay,  or  bounty  papers,  without  being  under  the  neces- 
sity of  expending  a  dollar  of  their  pittance  on  claim  agents,  who 
usually  take  the  largest  share  for  themselves.  The  instructions  are 
10  plain  as  tc  make  the  whole  matter  perfectly  clear  and  simple. 


INTRODUCTORY. 


EMIGRANTS 

have  here  the  U.  S.  Homestead  Acts,  with  instructions  for  obtaining 
the  Government  lands  at  a  merely  nominal  price ;  the  Homestead 
Exemption  Laws  of  the  different  States,  provisions  for  naturaliza- 
tion, and  all  other  matters  pertaining  to  citizenship :  a  statement 
of  the  qualifications  for  a  voter  in  each  State,  laws  respecting  the 
purchase,  mortgage,  sale  and  recording  of  property  ;  Horse,  Sheep, 
Dog,  and  general  Cattle  Laws  ;  taking  land  on  shares,  etc.,  etc. 

FOR   MARRIED    MEN    AND    WOMEN. 

There  are  full  instructions  for  reserving  property  in  view  of  mar- 
riage ;  the  rights  of  married  women  in  regard  to  property  and  to 
conducting  business  on  their  own  separate  account ;  laws  concern- 
ing inheritance,  devising  of  property,  wills,  joint  signature  of  deeds, 
mortgages,  etc. ;  complete  instructions  and  forms  for  proceedings  in 
cases  of  divorce,  and  regulations  concerning  alimony,  and  the  care 
of  children  in  cases  of  separation. 

EXECUTORS,  ADMINISTRATORS,  GUARDIANS   AND   MINORS, 

are  also  fully  provided  for,  the  laws  appertaining  to  their  righte 
and  duties  being  fully  and  accurately  stated. 

THE    POLITICIAN    AND  .  STATESMAN 

will  find  here  the  whole  action  of  the  Government  in  relation  to 
Reconstruction  and  the  legislation  concerning  the  Freedmen,  the 
Constitution  of  the  United  States  with  all  its  amendments,  the 
seals  of  each  State,  with  many  other  matters  of  equal  importance. 

In  short,  there  is  no  class  of  the  community,  male  or  female, 
who  have,  or  expect  to  have,  any  property,  or  who  have  any  rights 
or  privileges  which  require  protection,  who  will  not  be  greatly 
benefited  and  advantaged  by  the  possession  of  this  book.  It  will 
save  them  money,  save  them  trouble,  save  them  time,  save  them 
litigation  and  lawyers'  fees,  and  give  them  information  that  nobody 
can  afford  to  be  without. 

NEW  YORK,  1867. 


INDEX. 


PACK 

ACKNOWLEDGMENTS 70 

by  a  grantor  known  to  the  officer.  70 
by  grantor  identified  by  witness  . .  70 
by  a  husband  and  wife  known  to 

the  officer 70 

by  husband  and  wife  both  identi- 
fied by  a  witness 70 

by    husband    and    wife,    husband 

known  and  wife  identified 71 

by  four  persons,  two  known  and 

two  identified 71 

by  power  of  attorney 72 

by  deputy  sheriff,  deed  executed  by 
him  in  the  name  of  the  sheriff...    72 

AFFIDAVITS 177 

common  form 177 

to  hold  to  bail 177 

to  hold  by  agent  or  attorney 178 

by  a  party  in  a  cause 178 

AGREEMENTS 29 

general  form  of. 80 

for  the  purchase  of  house  and  lot       81 

for  the  sale  of  real  estate 81 

for  a  lease  81 

for  building  a  house 82 

respecting  a  party-wall 33 

for  making  and  delivering  boots  . .     85 

for  the  sale  of  wheat 35 

to  build  a  house 85 

to  change  a  mortgage  security  ....  86 
for  the  sale  and  purchase  of  land.  37 

to  be  signed  by  an  auctioneer 38 

to  be  signed  by  the  purchaser  of 

lands  at  auction 8S 

copartnership 88 

to. continue  the  partnership 40 

for  the  sale  of  personal  property..     40 

A  PPOINTMENTS 177 

of 'a  guardian  by  a  minor 177 

ARBITRATIONS  AND   AWARDS  173 

common  bond  of  arbitration 174 

arbitrator's  eath 175 

Bubptena  to  appear  before  arbitra- 
tors  175 

award  of  arbitration 175 

ASSIGNMENTS 178 

general  form 179 

of  partnership  property,  and  debts 
ia  trust.....:.  ..  179 


FAQH 

of  partnership   property  by    one 

partner  to  another 181 

of  a  bond  by  endorsement 182 

of  a  judgment 182 

of  a  deed 188 

of  a  lease 184 

of  a  mortgage 184 

of  a  patent 185 

of  a  debt 185 

of  a  policy  of  insurance 186 

of  a  demand  for  wages  or  debt. ...  187 

of  account  endorsed  thereon 187 

contractor's  notice  of  lien 187 

notice  of  lien  by  other  person 188 

of  a  seaman's  wages 189 

by  a  debtor  to  trustees 139 


BILLS  OF  SALE 190 

common  bill  of  sale 191 

of  goods. 191 

of  a  registered  vessel 19U 

BONDS 192 

common  bond  with  condition 193 

with  several  payments. 194 

with  interest  condition 194 

to  a  corporation 195 

to  executors 195 

legatee's  bond 195 

indemnity  bond  to  a  sheriff 198 

with  warrant  to  confess  judgment.  197 

to  execute  a  conveyance 197 

of  an  officer  of  a  bank  or  company.  198 
of  indemnity  to  a  surety  in  a  bond  198 
of  indemnity  on  paying  lost  note..  199 

for  performance 199 

bottomry  bond - 199 


C 


282 


CATTLE  LAWS 

fence-viewer's  certificate  . .    283 

affidavit,  application  for  damages..  233 

notice  to  the  owner 234 

order  that  a  dangerous  dog  be  killed  234 
certificate  of  damage  done  by  hugs  234 
notice  of  sale  by  pound  master.. .  235 
notice  by  persons  keeping  strays..  235 
of  sale....  ..  283 


notice 

recent  of  supervisor. , 

(7) 


2S5 


8 


INDEX* 


fence- viewer's  certificate 886 

certificate    where    parties    cannot 
airree  upon  charges 286 

CHATTEL  MORTGAGES 200 

bill  of  sale  and  chattel  mortgage. . .  201 

common  chattel  mortgage 202 

conditional  clause  as  to  possession  202 

to  secure  a  debt : 202 

statement  to  be  filed  with  copy. . .  203 
notice  of  sale 208 

COMMON  CARRIERS,  liabilities  of  247 

CON  VEYANCES  (See  DEEDS) 41 

without  covenants 42 

quit-claim 42 

with  covenants  against  grantor  only    43 

with  full  covenants 44 

of  lands  on  sale  by  mortgage 46 

warranty,  with  release  of  dower. . .  47 
quit-claim,  with  special  warranty.  48 
mortgage,  with  promise  to  insure.  48 

to  a  minor. 49 

guardian  by  leave  of  court 50 

administration  by  leave  of  court..     50 

administration  for  an  intestate 51 

sheriff  of  an  equity  of  redemption. 

tlon 52 

short  form  with  full  covenants. ...     53 

executors  under  a  will 54 

right  of  way  and  drain 55 

water  course 55 

sheriff's  certificate  sale  real  estate    «'6 

sheriff  to  purchaser 57 

affidavit  at  sheriff's  sale 63 

release 58 

confirmation  on  attaining  age  of  2. 

years 69 

gift 60 

partition  of  lands  descended 61 

partition  between  tenants 62 

surrender  of  a  term  of  years 63 

surrender  of  lease 63 

surrender  of  lease  t*  lessor 64 

partial  release  by  mortgage 64 

release  of  dower  by  widow 65 

release  of  dower  by  endorsement..    65 

gift  of  personal  estate 66 

gift  by  father  to  son 67 

gift  of  goods 68 

grant  of  annuity C9 

CONSTITUTION  OF  THE  UNITED 
STATES 534 

CUSTOM-HOUSE  REGULATIONS  413 
U.  S.  vessels  coming  from  foreign 

ports.  418 

foreign  vessels  entering  U.  S.  ports  315 
clearance  of  vessels  for  foreign  ports  818 

coasting  trade  and  fisheries 419 

laws  regulating  coasting  trade 421 

regulations,  tonnage  duties  on  for- 
eign vessels 421 

entry  of  goods  imported 423 

who  ruay  enter  goods 423 

entry  of  goods  fur  consumption —  424 

form 424 

goods  entered  for  warehousing ....  42$  , 
fbrm .!  42G! 


DEBTOR  AND  CREDITOR 143 

letter  of  credit. 148 

letter  license  to  embarrassed  debtor  148 
letter  of  license  and  composition 

with  creditors 149 

petition  of  insolvent  and  creditors 

under  the  two-third  act 156 

affidavit  of  residence  of  petitioner  151 

afiidavit  of  creditor. 151 

affidavit  of  one  of  a  firm  who  are 

creditors 153 

schedule  of  petitioner 152 

oath  of  an  insolvent 152 

order  for  creditors  to  show  cause,  etc  153 

notice  to  be  published 153 

notice  to  be  served  on  the  creditors  153 

proof  of  service  of  notice 154 

order  for  assignment 154 

assignment 155 

acknowledgment  of  assignment...  155 

oath  of  assignee 155 

notice  of  assignment  to  be  pub- 
lished   156 

certificate  of  the  assignees 150 

affidavit  of  execution  of  certificate  156 

certificate  of  county  clerk 157 

discharge 157 

petition  under  non-imprisonment 

act 158 

affidavit  of  petitioner 159 

notice  of  presenting  petition 159 

affidavit  of  service  of  notice 159 

order  for  assignment 160 

assignment 160 

certificate  of  assignment. 160 

discharge 160 

'affidavit 1C1 

appointment  of  trustees 162 

oath  of  trustees 163 

DEBTS — laws  of  each  State  concern- 
ing the  collection  of 273 

laws  of  Maine,  New  Hampshire, 
Vermont,  Massachusetts,  Rhode 
Island,  Connecticut,  273;  New 
York,  New  Jersey,  Pennsylvania, 
274;  Maryland,  Delaware,  Vir 
ginia,  North  Carolina,  South  Car- 
olina, 275;  Georgia,  Alabama, 
27G;  Florida,  Mississippi,  Louisi- 
ana, Kentucky,  277;  Illinois,  In- 
diana, Ohio,  278;  Missouri,  279^ 
Michigan,  Arkansas,  Tennesee, 
280 ;  Texas,  2bl ;  Iowa,  Wiscon- 
sin, California,  282 ;  Minnesota, 
283;  Oregon,  District  of  Colum- 
bia. Kansas,  284;  Nebraska,  Utah, 
Washington,  285;  Nevada  Terri- 
tory, Dakota  Territory  .28G ;  Colo- 
rado  Territory,  287. 

DEEDS,  see  Conveyances 

DEEDS,  Proof  of 72 

by  subscribing  witness  kncwn  to 

the  officer 72 

by  subscribing  witness  not  known 


f&DEX. 


9 


to    officer,    bnt    Identified    by 
witness 78 

.  by  subscribing  witness  of  deed  by 
husband  and  wife  residing  out  of 
the  State,  witness  being  known 
to  officer 73 

by  subscribing  witness  identified  as 
above  73 

ns  to  husband  by  subscribing  wit- 
ness, acknowledgment  by  wile — 
both  known  to  officer 74 

as  to  hushand,  the  wife  and  sub- 
scribing witness  identified  by 
witness 74 

executed  by  an  incorporated  com- 
pany   75 

certificate  of  proof  of  execution  of 
Deed  when  subscribing  witnesses 
are  dead 75 

satisfaction  of  judgment  in  Supreme 
Court 76 

satisfaction  of  justice's  judgment...    76 

application  for  a-  subpoena  to  wit- 
ness   77 

subpoena 77 

DOWER 241 

distribution  of  personal  estate 242 


EXEMPTION    LAWS,    Household 

and  Homestead 2S8 

laws  of  Maine.  288;  New  Hamp- 
shire, 289;  Vermont,  290 ;  Mas- 
sachusetts, 291 :  Rhode  Island, 
292;  Connecticut,  New  York, 
298;  New  Jersey,  294;  Pennsyl- 
vania, 295 ;  Maryland,  Delaware, 
Virginia,  North  Carolina,  296; 
South  Carolina,  Georgia,  Ala- 
bama, Florida,  297;  Mississippi, 
298;  Louisiana,  Kentucky,  29'.); 
Illinois,  Indiana,  800;  Ohio,  801; 
Missouri,  802 ;  Michigan,  803  ; 
Arkansas,  Tennessee,  804 ;  Texas, 
Iowa,  305;  Wisconsin,  306;  Cal- 
ifornia, 307;  Minnesota,  308; 
Oregon,  809;  Kansas,  811;  Ne- 
braska. 812;  Washington,  818; 
New  Mexico,  Nevada,  814;  Da- 
kota, 315;  Colorado,  316. 


(TENCE-VIEWERS 236 

certificate  of  value  of  fence  built  by 
an  adjoining  owner. 237 

certificate- upon  hearing  dispute  be- 
tween owners  of  adjoining  lands  238 

certificate  of  damages 233 

notice  of  certificate  of  consent  to  re- 
move division-fence 230 

£1 

HIGHWAYS 216 

assessment  of  highway  labor -219 

ft&Utional  assessment  by  overseer.  219 


appeal  from  assessment 229 

notice  to  the  commissioners 220 

notice  a?  to  non-resident 220 

complaint  for  refusing  to  work 221 

complaint — neglecting  to  furnhh 

team 221 

summons  by  a  justice 222 

complaint  against  an  overseer 222 

application  to  lay  out  new  road 222 

order  of  commissioners  to  lay  out 

a  highway 228 

application  to  alter  a  road 228 

order  of  commissioners  to  alter 223 

application  to  lay  out  a  highway..  224 

notice  of  application 224 

affidavit 224 

certificate  of  freeholders 225 

notice  by  commissioners 2tJ5 

certificate  by  commissioners 295 

order  of  commissioner  refusing  to 

lay  out  or  alter  highway 226 

agreeine-nt  as  to  damages 226 

release  of  damages 227 

warrant  to  summon  jury  to  assess.  227 

verdict  of  jury 227 

application  for  a  private  road ,  228 

notice  to  the  owner  or  occupant. . .  228 

certificate  of  jury '. 228 

order  of  commissioners  to  lay  out.  229 
application  discontinuing  old  road.  229 

certificate  of  freeholders 229 

order  to  discontinue  a  road 230 

appeal 230 

notice  to  commissioners,  of  appeal  230 

notice  to  applicants,  of  appeal 231 

decision  of  judges 231 

HOTELS  &  BOARDING-HOUSES,  386 


INTERNAL  REVENUE sos 

special  provision 393 

form  of  application  for  license 894 

stamp  duties 408 

INTEREST,  legal  rates  of,  in  the  dif- 
ferent States 811 

Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island, 
Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware, 
Maryland,  Vh-ginia,  317;  North 
Carolina,  South  Carolina,  Georgia, 
Florida,  Alabama,  Mississippi, 
Louisiana,  Texas,  Arkansas,  Ten- 
nessee, Kentucky,  Ohio,  Michi- 
gan, Indiana,  Illinois,  318;  Mis- 
souri, Iowa,  Wisconsin,  Califor- 
nia, Minnesota,  Oregon,  District 
of  Columbia,  Kansas,  819;  Wash- 
ington, Nebraska,  Utah,  Nevada, 
Colorado,  320. 

quick  method  of  calculating  interest  567 


LANDLORD  AND  j'ENdNT 12J 

agreement  for  a  lease 131 


10 


INDBX. 


landlord'!  agreement  of  lease 132 

tenant's  agreement 132 

security  for  rent '. 188 

tenant's   agreement,   embracing   a 

mortgage  of  his  chattels 183 

landlord's  agreement 184 

agreement  for  part  of  a  house 184 

lease  of  a  house  for  five  years 134 

agreement  for  farming  lease 136 

notice  to  quit  by  landlord 187 

notice  to  quit  by  tenant 137 

•where  commencement  of  tenancy 

is  uncertain 187 

notice  to  tenant  to  quit  or   pay 

double  value 133 

oath  of  holding  over 138 

summons  to  remove 188 

affidavit  of  service 139 

warrant  to  put  in  possession 139 

warrant  to  dispossess 189 

affidavit  of  tenant  denying  some 
material  fact  in  affidavit  of  land- 
lord   140 

order  to  summon  a  jury 140 

subpoena  to  appear  and  testify. . .  .  141 

warrant  to  dispossess 141 

affidavit  of  landlord  to  turn  out  a 
tenant  who  has  taken  benefit  of 

insolvent  act 142 

complaint  for  forcible  entry 142 

affidavit  to  accompany  same 142 

order  to  summon  jury 143 

notice  to  person  complained  o£.. .  148 

affidavit  of  service 144 

juror's  oath 144 

inquisition  of  jury  of  inquiry 144 

traverse 145 

venire  for  petit  jury 145 

juror's  oath  upon  the  traverse, 146 

warrant  to  the  constable  or  sheriff 

to  make  restitution 146 

LIEN  LAWS  of  the  different  States.  339 
Maine,  New  Hampshire,  Vermont, 
889;  Massachusetts,  341;  Rhode 
Island,  Connecticut,  842;  New 
York,  848;  New  Jersey,  849; 
Pennsylvania,  850;  Delaware, 
Maryland,  Virginia,  North  Caro- 
lina, 851 :  South  Carolina,  Geor- 
gia, Texas,  852 ;  Florida,  Alabama, 
Mississippi,  853;  Louisiana,  Ar- 
kansas, Tennessee,  354;  Ken- 
tucky, Ohio,  855;  Michigan.  In- 
'  diana,  Illinois,  356;  Missouri, 
S57  ;  Iowa,  358  ;  Wisconsin,  Cali- 
fornia, 859;  Minnesota,  Oregon, 
861;  District  of  Columbia,  Ne- 
braska, 362 ;  Washington,  Nevada, 
863 ;  Dakota,  865 ;  Colorado,  Kan- 
ssus,  867;  Western  Virginia,  363. 
[IMITATION  OF  ACTIONS  in  the 

different  States 

Maine,  New  Hampshire,  821 ;  Ver- 
mont, Massachusetts,  Rhode  Isl- 
and, 822 ;  Connecticut,  New 
York,  828;  Naw  Jersey,  884; 


Pennsylvania,  Delaware,  Mary- 
land, Virginia,  825;  North  Caro- 
lina, South  Carwlina,  326;  Geor- 
gia, Florida,  Alabama.  821:  Mis- 
sissippi, Louisiana,  328:  Texas, 
Arkansas,  Tenm-ssee,  329  ;  Ken- 
tucky, Ohio.  8oO;  Michigan,  In- 
diana, 831;  Illinois,  Missouri,  882 ; 
Iowa,  Wisconsin,  California,  833; 
Minnesota,  334;  Oregon,  Kansas, 
Nebraska,  335;  Nevada,  386; 
Colorado,  Washington,  837. 


ITI 


MARR1  AGE  AND  DIVORCE 73 

marriage   throughout  the  United 

States 78 

what  constitutes  a  marriage,  con- 
sent of  parties 78 

who  cannot  form  a  legal  mar- 
riage   78 

who  may  legally  marry 78 

ceremony,  how  performed  in  dif- 
ferent States 73 

validity  of  a  marriage,  how  deter- 
mined    78 

divorce 78 

grounds  of  divorce  in  the  different 

States 79 

grounds  of  divorce  in  States  and 

Territories  79 

custody  of  children 80 

when  a  divorce  will  be  de- 
nied   81 

Alimony 81 

same  in  custody  of  children 81 

rights  of  married  women  in  the 

different  States 81 

dower 82 

rights  of  widows S3 

marriage  certificate,  form  of 84 

same    by  a   public    officer,    form 

of. 84 

marriage  settlement,  form  of. S4 

assignment  under  preceding  form, 

form  of S8 

article  of  separation  between  hus- 
band and  wife,  form  of. 89 

New  York  State  laws  concerning 
the  rights  of  married  w>men  to 
conduct  business  irrespective  of 

her  husbund 91 

MINORS 248 

MISCELLANEOUS  INFORMATION  266 

MORTGAGES 104 

of  lands  by  husband  and  wife 105 

for  part  of  purchase-money 108 

on  lease 107 

on  goods  or  chattels »  18* 

for  securing  payment  on  bond 110 

covenant  that  mortgagee  has  right 

,        to  convey Ill 

covenant  to  pay  taxes. Ill 


INDEX. 


11 


covenant  that  mortgagor  shall  have 

right  to  sell 112 

satisfaction  of  mortgage 112 

notice  sale  on  foreclosure  mortgage  118 
affidavit  of  publication  of  notice.. .  -113 
affidavit  of  posting1  notice  of  sale. .  114 
affidavit  of  serving  flopy  of  notice.  114 

affidavit  of  auctioneer 115 

notice  to  accompany  notice  of  sale  115 
sheriff's  deed  on  foreclosure 115 

N 

NATIONAL  SECURITIES 507 

NATURALIZATION 116 

naturalization  papers 117 

declaration  of  intention 117 

oath  of  alien 118 

certificate  of  citizenship 118 

NOTES  &  BILLS  OF  EXCHANGE  162 

note  with  surety 165 

unnegotiable  note  165 

negotiable  note 165 

note  or  due  bill  payable  on  demand  1C6 

note  bearing  interest  1(56 

note  payable  by  installments 166 

sealed  note 167 

due  bill  payable  in  goods 167 

order  for  goods 167 

bill  of  exchange 167 

set  of  bills  of  exchange 167 

money  order 167 

protest  of  a  bill  of  exchange 168 

notice  of  non-payment 168 


I'ATENTS 204 

application 205 

specifications 205 

drawings 205 

model 205 

rejections  and  appeals 206 

designs,  labels,  trademarks,  etc 206 

sale  and  assignment 207 

powers  of  attorney 207 

caveats 207 

interferences 208 

Infringements 2U8 

re-issue 208 

general  remarks ! 2u9 

form  of  petition  for  patents 210 

form  of  petition  for  caveat 210 

specification 210 

of  a  machine 211 

oath 212 

on  a  dwign 212 

remitting  fees 212 

petition  for  re-issue 213 

assignment   213 

assignment  for  one  or  more  States.  218 

assignment  before  obtaining  patent  214 

schedule  of  fees 214 

foreign  patents 215 

!»OWER  OF  ATTORNEY 119 

to  sell  and  lease  lands 119 

certificate  of  acknowledgment ....  120 


certificate  of  county  clerk 120 

to  collect  debts 120 

general  custom-house 120 

special  custom-house 121 

to  receive  the  rents  of  an  estate. . .  122 

to  receive  a  legacy 129 

from  several  creditors  of  a  person 

deceased 123 

of  substitution 124 

revocation    „ 125 

stock 125 

transfer  of  stock 125 

to  receive  dividend 128 

PARTNEESHIP 244 

articles  of  copartnership 245 

PEDLER'S  LICENSE  to  sell  goods 

in  the  various  States 371 

'New  York,  371 :  New  Jersey,Peun- 
sylvania,  Ohio,  372 :  North  Caro- 
lina, Oregon,  Rhode  Island,  Vir- 
ginia, Vermont,  Wisconsin,  ol'-> ; 
Connecticut,  Georgia,  Delaware, 
874;  Indiana,  Illinois,  New 
Hampshire,  Massachusetts,  375; 
Missouri,  Maine,  Mississippi,  376; 
Louisiana,  Tennessee,  South  Ca- 
rolina, California,  Michigan,  877 ; 
Texas,  Nebraska,  Nevada,  Colo- 
rado, 378. 

POSTAL  REGULATIONS 403 

letters 408 

newspapers 409 

newspaper  postage 410 

tran&ieut  matter 410 

postage  to  foreign  countries 411 

money-order  system 411 

how  to  obtain  money-orders 411 

form  of  order 41i 

rates  of  commission 412 

PRE-EMPTION  TO  PUBLIC  LANDS249 

descriptions  of  lands  exempted 251 

declaratory  statements  of  a  settler 

on  landsjsubject  to  private  entry  252 
land  claimed    subject  to    private 

entry 258 

affidavit  required  of  claimant 258 

act  to  appropriate  proceeds  of  sale 
of  public  lands,  and  to  grant  pre- 
emption rights 254 

affidavit  when  settler  shall  have 

died  be/ore  entering  claim 258 

declaratory  statement  where  land 

is  not  subject  to  private  entry. .  259 
act  to  secure  homebtead  to  actual 

settlers 268 

PENSIONS,  BOUNTIES  AND  AK- 

KEARS  OF  PAY 428 

PENSIONS 42S 

who  are  entitled  to  invalid  pension  428 

an  act  to  grant  pensions 429 

for  obtaining  pensions  for  invalid 
regulars,  volunteers  or  militia...  48-i 

ACT  OF  JOLT  4,1864..  488 

increased  pensions 436 

evidence  of  muster-in 431 

actolJune  6,1866. 433 


12 


INDEX. 


teamsters,  artificers,  etc 487 

minor  children 487 

dependent  fathers  and  orphans. . .  488 

limitations 438 

evidence  of  marriage  of  colored  ap- 
plicant    438 

ACT  OK  JULY  25, 1866 439 

provost  marshals,  enrolling  officers 

and  others  entitled  to  benefits  . .  439 
increased  pensions  to  widows  and 

orphans 439 

increase  under  acts  prior  to  July  4, 

18G2 439 

invalid  pensions  of  claimants  dying 

while  applications  are  pending..  440 
rights  reserved  under  repealed  laws  440 
•widows  re-marrying  while  these 

claims  are  pending . .  440 

INVALID  PENSIONS  under  act,  July 

14th,  1862 441 

form  of  declaration  for  an  invalid 

pension 441 

power  of  attorney,  form 443 

form  of  surgeon's  affidavit 444 

application  for  increase  of  invalid 

pension 445 

app.ication  by  guardian, 446 

special  instructions 4-17 

NAVAL  INVALID  PENSIONS 447 

regulations  and  forms 448 

form  of  application  for  pension. . . .  443 

affidavit  of  witnesses 449 

clerk's  certificate 449 

another  lorm 449 

clerk's  certificate. 451 

Burgeon's  certificate  of  disability..  451 
certificate  of  commanding  officer..  451 
certificate  of  ordinary  disability...  452 

certificate  for  pension, 452 

PEIVATEEB  PENSIONS 453 

declaration  for  a  privateer's  invalid 

pension 454 

NAVAL  INVALID'S  PsnUQPS  under 

act  of  July  14th,  1862 456 

form  of  declaration 455 

form  of  surgeon's  affidavit 456 

J3BAT0ITOU8  PENSIONS 457 

to  widows  and  orphans 457 

declaration  of  widow 459 

declaration  under  act  of  July,  1843  460 
declaration  for  renewal  of  half-pay  460 
declaration  under  act  Feb.  8,  1853.  461 
declaration  for  guardian  for  half-pay  462 
pensions  to  widows  and  orphans, 

act  of  July  14th,  1862 463 

declaration  for  widow's  army  pen- 
sion  468 

declaration  of  guardian  for  army 

pensions 464 

widow's  application  for  increase  of 

pension,  act  July  25, 1S66 466 

guardian's  application 466 

PENSIONS  FOR  WIDOWS  AND  GBPHAJJS 

in  navy  cases 467 

eUu'ma  prior  to  1861 467 

tjtf  L»tion  fw  widow's  pension .  463 


declaration  of  guardian 419 

NAVAL  PENSIONS  to  widows  ana  or- 
phans under  act  July  14th,  1862.  471 

declaration  for  guardian 472 

GRATUITOUS  PENSIONS  to  mothers  and 

sisters  of  deceased    soldiers  or 

sailors  in  the  naval  service 478 

declaration  for  mother's  application 

for  army  pension 474 

declaration  for  mother's  application 

for  navy  pension 475 

declaration  of  guardian  for  army 

pension 476 

declaration  of  guardian  for  navy 

pension 478 

AEREAES  OF  PENSIONS 471 

oath  of  identity. 418 

oath  of  identity  of  widow  or  child, 

or  executor  or  administrator 479 

power  of  attorney 479 

certificate  of  court  as  to  death  of 

pensioner 480 

EENE-WAL  OF  PENSIONS 480 

declaration  for  renewal  military 

case 480 

declaration  for  renewal,  naval  case  482 

ISCEEASE  OF  PENSIONS 482 

regulations 482 

application  for  increase,  army  case  483 

Burgeon's  affidavit 488 

application  for  increase  of  navy  in- 
valid pensions 484 

Loss  OF  PENSION  CEBTIFICATES 485 

application  for  renewal 485 

affidavit  of  witness 485 

TKANSFEB  OF  PAT  AGENCY 486 

form  of  application 4i»4 

affidavit  of  witness 4£* 

application  of  invalid  pensioner. . ,  4S7 

power  cf  attorney 487 

acknowledgment 487 

affidavit  of  attorney 489 

clerk's  certificate 488 

widow's  application 488 

guardian's  application 489 

application  of  invalid  naval  pen- 
sioner     439 

application  of  widow  pensioner. . . .  490 

application  of  guardian 490 

surgeon's  affidavit 491 

oath  of  allegiance 491 

DBCLAEATION  by  e  person  who  has 

never  before  had  a  land  warrant  492 
declaration  where  the  party  has    ad 
a  warrant  and  desires  another. . .  483 

declaration  by  widow 494 

declaration  by  widow  of  f.  deceased 
person  who  has  not  had  a  laud  war- 
rant    498 

declaration  by  widow  of  a  deceased 

person  who  has  had  a  warrant. . .  494 
FORMS  AND  EMULATIONS  for  the  as- 
signment of  land  warrants  and 

locations 496 

form  of  assignment,  No.  1 496 

acknowledgment  vendor  aot  known 


INDEX. 


13 


tooiflcer 496 

assignment  of  location 496 

acknowledgment  vendor  known  to 

officer. 497 

form  of  power  of  attorney. 407 

PENSIONS  IN  STATES  HERETOFORE  IN 

INSURRECTION 498 

form  of  application  under  act  Feb. 

4,  1862 498 

instructions 499 

commutation  to    loyal    owners  of 

slaves 500 

equalization  bounty  bill 501 

rules  and  regulations 502 

forms  in  cases  of  colored  troops...  504 
widow's  application  for  arrears  of 

pay  and  bounty 504 

father's  application 606 

mother's  application 507 

application  of  brothers  and  sisters  508 

application  of  children 510 

application  of  discharged  soldier 

for  additional 511 

application  of  army  bounty  on  ac- 
count of  transfer  .  „ 513 

CLAIMS  for  bounty  money 516 

of  bounty 515 

disloyalty 516 

application 516 

proof 516 

authentication 516 

bounty 517 

mode  of  presenting  claims 517 

forma 51 7 

to  correspondents 517 

postage 517 

application  for  arrears  of  pay  and 

bounty ! 518 

affidavit 618 

proof  in  case  of  a  widow 519 

*n  case  of  children 519 

•a  case  of  a  father 519 

in  case  of  a  mother 519 

in  case  of  brothers  and  sisters. . .     519 
widow's    declaration    for    bounty 

money  and  arrears 520 

claims  of  heirs  for  arrears,  etc 521 

application  of  soldier  for  arrears. . .  524 

power  of  attorney 525 

FOEMS  AND  RSGULA.TIONS  relating  to 
pay  and  allowances  for  services 

in  the  army 526 

soldiers  not  entitled  to  pay 526 

soldiers  not  discharged 626 

official  instructions    for   preparing 

claims 527 

order  of  payments 527 

application,proof,aud  authentication  52T 

administration 528 

discharged  soldier 628 

mode  of  payment 529 

mode  of  presenting  claims 529 

forms.... 529 

to  correspondents 529 

payment  of  prisoners  of  war 529 

rules  in  settlement  tf  claims  due  to 


deceased  seamen  or  marines  at 
the  time  of  their  death  680 

application  for  payment  for  horsea, 
or  other  property,  lost  or  de- 
stroyed   581 

power  of  attorney 633 

act  authorizing  the  investigation  of 
alleged  frauds 359 

act  to  repeal  part  of  act  for  the  sale 
of  public  lands 262 

an  act  to  secure  homesteads 263 


QUALIFICATION  OF  YOTERS  in 

the  different  States 9(9 

Maine,  Ne\v  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island, 
Connecticut,  879;  New  York, 
New  Jersey,  Pennsylvania,  Dela- 
ware, 880;  Maryland,  Virginia, 
North  Carolina,  South  Carolina, 
Georgia,  381 ;  Florida,  Alabama, 
Mississippi,  Louisiana,  Texas,  Ar- 
kansas. Tennessee,  Kentucky, 
8S2 ;  Ohio,  Michigan,  Indiana,  Il- 
linois, Missouri,  Iowa,  Wisconsin, 
8S3;  Minnesota,  Kansas,  New- 
Mexico,  Utah,  Oregon,  3S4 ;  Cali- 
fornia, 385. 

R 

RECONSTRUCTION 568 

I. — The  original  Reconstruction 
Act  of  March  2, 1867,  being  chap- 
ter cliii.  of  Acta  of  the  xxxir. 
Congress 568 

IL— The  1st  Supplemental  Recon- 
struction Act,  passed  March 
23, 1867,  by  the  si.  Congress 570 

III.— The  2d  Supplementary  Re- 
construction Act  of  July  19, 
1867 572 

IV.— The  Reception  of  the  Insur- 
rectionary States  in  accordance 
with  these  Acts E75 

V.— The  Fourteenth  Constitution- 
al Amendment 577 

RECEIPTS  AND  RELEASES*. 168 

receipt  in  full  of  nil  demands 169 

receipt  on  account 169 

receipt  for  money  paid  for  another.  169 

release  of  all  demands 169 

special  release 170 

release  in  pursuance  of  an  award. ..  170 

mutual  general  release  by  indenture  170 

release  to  a  guardian 171 

release  of  a  proviso  or  condition.  .  171 

release  of  a  trust 172 

release  of  a  dower  to  the  heir 172 

release  from  a  legatee 178 


INPEX. 


RELEASES 128 

of  all  demands 126 

by  indenture 126 

to  a  guardian 127 

of  dower  to  the  heir 127 

of  dower  in  consideration  of  an  an- 
nuity given  in  a  will,  of  trust. ''. . .  128 


BEALB  OF  THE  VARIOUS  STA  TfiS, 
with  descriptions 664 

U 

UNITED  STATES  SEAL,  with   de- 
scription        650 


WILLS .    92 

of  real  estate 95 

codicil  to  a  will 98 

disposing  of  an  estate  in  legacies ...    97 
disposing  of  real  and  personal  estate    98 

of  goods 99 

of  lands  and  goods 160 

concerning  disputes 103 

proviso 109 

appointment  of  a  guardianship 188 

devise  from  a  husband  to  his  wife 
of  an  estate  for  life  in  lieu  of 
dower,  remainder  to  his  children 
&s  tenants  in  common IQt 


ADDENDA. 


GENERAL  BANKRUPT  LAW.....  579 
of  the  administration  of  the  law 

in  courts  of  bankruptcy 580 

of  appeals  and  practice 582 

voluntary  bankruptcy — commence- 
ment of  proceedings 583 

of  assignments  and  assignees 584 

o  t'  debts  and  proof  of  claims 589 

of  property  perishable  and  in  dis- 
pute  593 

examination  of  bankrupts 593 

of  the'  distribution  of  the  bank- 
rupt's estate 594 

of  the  bankrupt's  discharge  and  its 

effect 590 

preferences  and  fraudulent  convey- 
ances declared  void 599 

bankruptcy  of  partnerships  and  of 

corporations 600 

of  dates  and  depositions 601 

involuntary  bankruptcy..  602 

of  superseding  the  bankrupt  pro- 
ceedings by  arrangement 604 

penalties  against  bankrupts 605 

penalties  against  officers 606 

fees  and  costs 606 

of  meaning  of  terms  and  computa- 
tion of  time  607 

BANKRUPTCY.  Forms,  Explana- 
tions and  Instructions  to  Bank- 
rupts and  Creditors,  desiring  the 
Benefit  of  the  Act 608 


voluntary  bankruptcy 609 

.involuntary  bankruptcy 615 

petition  by  debtor 615 

oath  to  foregoing  petition 615 

statement  of  all  creditors  who  are 

to  be  paid  in  full! 61« 

creditors  holding  securities 617 

creditors  whose  claims  are  unse- 
cured    619 

liabilities  on  notes  or  bills  dis- 
counted   , 618 

accommodation  paper 619 

statement  of  real  and  personal  est.  619 

personal  property <520 

choees  in  action 628 

prop,  in  reversion,  remainder,  etc  021 
particular  statement  of  property 

*  claimed  as  excepted 623 

list  of  all  books,  papers,  etc 622 

oaths  to  schedules  A  and  B 628 

copartnership  petition 628 

corporation  petition 624 

form  of  special  letter  of  attorney.  625 

proof  of  debt,  with  security 628 

deposition  for  proof  of  debt. 627 

letter  of  attorney  to  rep.  creditor.  627 
petition  for  removal  of  assignee.  628 
petition  of  bankrupt  for  discharge  629 

creditor's  petition C29 

oath  to  foregoing  petition, 631 

deposition  as  to  petitioning  cred.  631 
deposition  of  witness 682 


WELLS' 

EVERY  MAN  HIS  OWN  LAWYER, 

ANB 

UNITED  STATES  FORM  BOOK, 

A  COMPLETE  GUIDE  IN  ALL  MATTERS  OF  LAW  AND  BUSI- 
NESS NEGOTIATIONS,  FOR  EYERY  STATE  IN  THE 
UNION. 


AGREEMENTS. 

ALL  Agreements  are  null  and  void  at  the  end  of  one  year  from 
their  dates,  unless  the  contract,  or  some  memorandum  thereof, 
stating  the  consideration,  be  in  writing  and  signed  by  the  parties 
by  whom  the  agreement  is  made. 

All  leases  expire  at  the  end  of  one  year,  unless  there  is  a  written 
agreement,  stating  the  consideration,  for  a  longer  period. 

All  agreements  expire  at  the  end  of  one  year  unless  they  ex- 
plicitly state  that  they  are  for  a  longer  period. 

Signatures  signed  with  a  lead  pencil,  or  by  making  a  mark,  if 
the  parties  make  them  cannot  write,  if  done  in  the  presence  of  one 
or  more  witnesses,  are  good  in  law.  But  when  a  pen  can  be  had, 
it  should  be  used  in  preference,  to  obviate  the  possibility  of  legal 
quibbling. 

Agreements  which  fail  to  show  that  they  were  made  for  a  con- 
sideration— that  is,  without  a  fair  or  reasonable  sum  of  money,  or 
property  to  the  value  of  money — are  void  in  law. 


30  AGREEMENTS 

Every  agreement  should  distinctly  specify  the  time  within  whichk 
or  at  the  end  of  which,  its  conditions  shall  be  complied  with. 
Every  instrument  is  better  in  law  with  a  seal  than  without  ono. 


General  Form  of  Agreement, 

THIS  AGREEMENT,  made  this/irsf  day  of  May,  one  thousand  eight 
hundred  and  sixty,  between  JOHN  DEAN,  of  the  city  of  Hartford, 
in  the  county  of  Hartford,  and  state  of  Connecticut,  of  the  first 
part,  and  JAMES  GOOD  of  the  village  of  Windsor,  in  said  county  and 
state,  of  the  second  part — 

WITNESSETH,  That  the  said  JOHN  DEAN,  in  consideration  of  tho 
covenants  on  the  part  of  tho  party  of  the  second  part,  hereinafter 
contained,  doth  covenant  and  agree  to  and  with  the  said  JAMES 
GOOD,  that  [here  insert  the  agreement  on  t/ie  part  of  John  Dean.] 

And  the  said  JAMES  GOOD,  in  consideration  of  tho  covenants  on 
the  part  of  the  party  of  the  first  part,  doth  covenant  and  agree  to 
and  with  the  said  JOHN  DEAN,  that  [here  insert  the  agreement  on 
the  part  of  James  Good.] 

In  witness  whereof,    we  have   hereunto  eet   our  hands    and 
seals,  the  day  and  year  first  above  written. 
Sealed  and  delivered, 


in  presence  of 
JOHN  STOUT, 


JOHN  DEAN. 
JAMES  GOOD 


[L...1 

.    [L.S.] 


ISAAC  FOWLER. 
[  When  required  this  clause  may  be  inserted  :\ 

And  it  is  further  agreed,  between  the  parties  hereto,  that  tho 
party  that  shall  fail  to  perform  this  agreement  on  his  part,  will 
pay  to  the  other  the  full  sum  of  fifty  dollars,  as  liquidated,  fixod, 
and  settled  damages. 


Agreement  for  the  Purchase  of  a  House  and  Lot 

MEMORANDUM  of  an  agreement  made  this  10th  day  of  July,  in 
the  year  1860,  between  JOHN  ROWLEY,  Printer,  of  the  city  of  Now 
York,  and  CARLTON  BRYANT,  Merchant,  of  the  same  city,  witnesseth 
— That  the  said  JOHN  ROWLEY  agrees  to  sell,  and  the  said  CARL- 
TON  BRYANT  agrees  to  purchase,  for  the  price  or  consideration  of 

dollars,  the  house  and  lot  known  and  distinguished  as  number 

ninety -nine,   in  street,  in  the  said  city  of  New-York.     Tho 

possession  of  the  property  is  to  be  delivered  on  the  first  day  of 
May  next,  when  twenty-five  per  cent,  of  the  purchase-money  is  to 
bo  paid  in  cash,  and  a  bond  and  mortgage  on  the  premises,  bearing 
seven  per  cent,  interest,  payable  in  five  years  (such  ffiterest  paya- 
ble quarterly),  is  to  be  executed  for  the  balance  of  tho  purchase 


AGREEMENTS.  31 

money,  at  which  time  also  a  deed  of  conveya^-iC  in  fee  simple,  con- 
taining the  usual  full  covenants  and  warranty,  is  to  I e  delivered, 
executed  by  the  said  JOHN  ROWLEY  and  v*  ;&,  «\nd  the  title  made 
satisfactory  to  the  said  CARLTON  BRYANT  ;  it  being  understood  that 
this  agreement  shall  be  binding  upon  the  -leirs,  executors,  admin- 
istrators and  assigns  of  the  respective  parties  y  and  also  that  the 

said  premises  are  now  insured  for dollars,  and,  in  case  the 

said  house  should  be  burnt  before  the  said  nra*,  day  of  May  next, 
that  the  said  JOHN  HOWLEY  shall  hold  t.he  said  insurance  in  trust 
for,  and  will  then  transfer  the  same  to  the  ^aiu  CARLTON  BRYANT 
with  the  said  deed. 

In  witness,  &c.,  [as  in  General  Form.] 


Agreement  for  the  Sale  of  Eeal  .Estate. 

ARTICLES  of  agreement  made  and  entered  ii>':o  this day  of 

between  A.  B.  of ,  of  the  one  part,  and  C.  D.  of ,  of 

the  other  part,  as  follows  :  The  said  A.  B.  loth  hereby  agree  with 
the  said  C.  D.  to  sell  to  him  the  lot  of  ground,  [here  describe  it,] 

for  the  sum  of ~  •  and  that  he,  the  said  *>  B.,  shall  and  will,  on 

the day  of next,  on  receiving  from  rhe  said  C.  D.  the 

eaid  sum,  at  his  own  cost  and  expense,  execute  a  proper  convey- 
ance for  the  conveying  and  assuring  the  fae  simple  of  the  said 
premises  to  the  said  C.  D.;  free  from  all  encumbrances,  which  con- 
veyance shall  contain  a  general  warranty  u.£.d  the  usual  full  cove- 
nants. And  the  said  C.  D.  agrees  with  the  said  A.  B.  that  he,  the 

said  C.  D.,  shall  and  will,  on  the  said 'lay  of next,  and  on 

execution  of  such  conveyance,  pay  unto  the  said  A.  B.  the  sum  of 

aforesaid.  And  it  is  further  agreed,  between  the  parties 

aforesaid,  as  follows :  The  said  A.  B.  shaii  liave  and  retain  the 
possession  of  the  property,  and  receive  and  be  entitled  to  the  rents 

and  profits  thereof, until  the  said day  *.f' next;  when,  and 

upon  the  delivery  of  the  conveyance,  the  possession  is  to  be  de- 
livered to  the  said  C.  D.  And  it  is  understand  that  the  stipulations 
aforesaid  are  to  apply  to  and  to  bind  the  heirs,  executors  and  ad- 
ministrators of  the  respective  parties.  And  in  case  of  failure,  the 

parties  bind  themselves  each  unto  the  oriioi-  *.n  the  sum  of 

which  they  hereby  consent  to  fix  and  liquidate  the  amount  of  dama- 
ges to  be  paid  by  the  failing  party  for  his  noa-performance. 

In  witness,  &c.,  [as  in  General  Form.] 

Agreement  for  a  Lease, 

MEMORANDUM  of  an  agreement  made  this day  of ,  m 

tha  year ,  between  A.  B.  of  the  city  nf  New  York,  Esquira, 

and  C.  D.,  of  said  city,  merchant,  witnesseth,  That  tho  said  A.  B 


32  AGREEMENTS. 

agrees,  by  indenture,  to  be  executed  on  or  Before  the  — *  day  of 
>  i  next  to  demise  arid  let  the  said  C.  P.  the  house  and  lot  known 
as  number in street,  in  said  city,  at  present  in  the  occupa- 
tion of  E.  F.,  to  hold  to  the  said  C.  D.  his  executors,  administrators, 
and  assigns,  from  the  first  day  of  May  next,  for  and  during  the  term 

of  twenty-one  years,  at  or  under  tho  clear  yearly  rent  of dollars, 

payable  quarterly,  clear  of  all  taxes  and  deductions  ;  in  which  lease 
there  shall  be  contained  covenants  on  the  part  of  the  said  C.  IX, 
his  executors,  administrators,  and  assigns,  to  pay  rent,  (except  in 
case  the  premises  are  destroyed  by  fire,  the  rent  is  to  cease  until 
they  are  rebuilt,)  and  to  pay  all  tuxes  and  assessments  j  to  repair 
the  premises,  (except  damages  by  firo :)  not  to  carry  on  any  oifen- 
sive  or  other  business  upon  the  p'remises,  (except  by  the  written 
permission  of  the  said  A.  B. ;)  to  deliver  the  same  up  at  the  end  of 
the  term  in  good  repair,  (except  damages  by  fire  as  aforesaid  ;) 
with  all  other  usual  nncl  reasonable  covenants:  and  a  proviso  for 
the  re-entry  of  the  said  A.  B.,  his  heirs  or  assigns,  in  case  of  the  non- 
payment of  the  rent  for  the  space  of  fifteen  days  after  either  of  the 
said  rent-days,  or  the  non-performance  of  any  of  the  covenants ;  and 
there  shall  also  be  contained  therein  covenants  on  the  part  of  the  said 
A.  B.,  his  heirs  and  PvSsigns,  for  quiet  erjoyment,  to  renew  said  lease  at 
the  expiration  of  said  term,  for  a  further  period  of  twenty-one  years 
at  the  same  rent  on  the  said  C.  D.,  his  executors,  administrators,  or 
assigns,  paying  the  said  A.  B.,  his  executors,  administrators,  or  as- 

signs,  the  sum  of dollars  as  a  premium  for  such  renewal ;  and 

that,  in  case  of  an  accidental  firo,  at  any  time  during  the  said 
terms,  or  cither  of  them,  the  said  A.  B.  will  forthwith  proceed  to 
put  the  premises  in  as  good  repair  as  before  the  fire,  the  rent  in 
the  mean  time  to  cease ;  and  the  said  C.  D.  hereby  agrees  to  ac- 
cept such  lease  on  the  terms  aforesaid  ;  and  it  is  mutually  agreed 
that  the  costs  of  making,  executing,  and  recording  said  lease,  and  a 
counterpart  thereof,  shall  be  borne  by  the  said  parties  equally. 
As  witness,  &c.,  [as  in  General  Form.] 


Agreement  for  Building  a  House. 

MEMORANDUM. — That  on  this  -  -  -  day  of ,  it  is  agreed  be- 

tween  A.  B.  of and  C.  D.  of  - — ,  in  manner  following,  viz. 

the  said  C.  D.,  for  the  consideratir-as  hereinafter  mentioned,  doth 
for  himse'f,  his  heirs,  executors,  cad  administrators,  covenant  with 
the  said  A.  B.,  his  executors,  admi-j  iterators,  and  assigns,  that  he 
the  said  0.  D.  or  his  assigns  shall  and  will,  within  the  space  of 

next  after  tho  date  hereof,  in  a  good  and  workmanlike  manner, 

and  at  his  own  proper  charge  and  expense,  at ,  well  and  sub- 
stantially erect,  build,  and  finish,  cue  house,  or  messuage,  accord- 
ing to  the  draught,  scheme,  and  explanation  hereunto  annexed, 
with  such  stone,  brick,  timber,  and  other  material?,  as  the  said  A 


AGREEMENTS.  3? 

B.  or  his  assigns  shall  find  or  provide  for  the  same  :  In  considers, 
don  whereof,  the  said  A.  B.  doth  for  himself,  his  executors,  and  ad- 
ministrators,  covenant  with  the  said  C.  D.,  his  executors,  administra- 
tors, and  assigns,  well  and  truly  to  pay  unto  the  said  C.  D.,  his  execu- 

tors,  administrators,  and  assigns,  the  sum  of »  f  lawful  money 

of in  manner  following,  viz. : part  the  :-eof  at  the  be 

ginning  of  the  said  work  another  part  thereof  when  the 

said  work   shall  be  half  done,  and  the  remaining  in  full  for 

the  said  work,  when  the  same  shall  be  completely  finished :  And 
also  that  he,  the  said  A.  B.,  his  executors,  administrators,  or  assigns, 
shall  and  will  from  time  to  time,  as  the  same  shall  be  required,  at 
his  and  their  own  proper  expense,  find  and  provide  stone,  brick, 
timber,  and  other  materials  necessary  for  making,  building,  and 
finishing  the  said  house.  And  for  the  performance  of  all  and  every 
the  articles  ami  agreements  above  mentioned,  the  said  A.  B.  andu. 
D.  do  hereby  bind  themselves,  their  executors,  administrators,  and 

assigns,  each  to  the  other,  in  the  penal  sum  of firmly  by  these 

presents. 

In  witness,  &c.,  [as  in  General  Form.] 


Agreement  respecting  a  Party  WalL 

THIS  agreement,  made  this  day  of ,  in  the  year  , 

between  I).  L.  of  the  City  of  New  York  ^merchant,  of  the  first  part, 
and  P.  S.  of  said  city,  merchant,  of  the  second  part,  witnesseth. 
Whereas,  the  said  D.  L.  is  the  owner  in  fee  of  the  lot  and  store 

known  as  number  00  in street,  in  the  third  ward  of  the  City 

of  New  York,  and  the  said  P.  S.  the  owner  in  fee  of  the  lot  known 

as  number  92  in  street,  aforesaid,  immediately  adjoining  to 

and  on  the  southerly  side  of  said  lot  and  store  number  90,  on  which 
lot  of  the  said  P.  S.  he  is  about  to  erect  a  brick  store.  And  where- 
as, it  has  been  agreed,  by  and  between  the  said  parties,  that  the  said 
P.  S.,  in  erecting  his  said  store,  shall  make  use  of  the  gable  end 
wall  of  the  said  store  of  the  said  D.  L.,  immediately  contiguous  to 
and  adjoining  the  said  lot  of  the  said  P.  S.,  as  a  party  wall,  upon  the 
terms,  conditions,  and  considerations  hereinafter  mentioned,  the  said 
gable  end  wall  of  the  said  D.  L.,  so  to  be  used  as  a  party  wall, 
standing  and  being  entirely  on  the  said  lot  of  the  saidD.  L.  Now, 
therefore,  this  agreement  witnesseth,  that  the  said  D.  L.,  for  and  in 

consideration  of  the  sum  of dollars  to  him  in  hand  paid  by 

the  said  P.  S.,  at  or  before  the  ensealing  and  delivery  of  these  pro- 
eents,  the  receipt  whereof  is  hereby  acknowledged,  doth,  for  him 
self,  his  heirs,  executors,  administrators,  and  assigns,  covenant 
grant,  promise,  and  agree  to  and  with  the  said  P.  S.,  his  heirs, 
executors,  administrators,  and  assigns,  forever,  that  he,  the  said  P 
S.,  his  heirs  and  assigns,  shall  and  may,  in  erecting  and  building 
the  paid  store  upon  tho  said  lot  of  the  said  P.  S..,  freely  and  lawfully- 


34:  AG11EEM3NTS 

but  in  a  workmanlike  manner,  and  without  any  interruption,  mo* 
lestation,  or  hinderance  of  or  from  the  said  D.  L..,  his  heirs  or  as- 
signs, make  use  of  the  said  gable  end  wall  of  the  said  store  of  the 
said  D.  L.,  immediately  adjoining  or  contiguous  to  the  said  lot  of 
the  said  P.  S.,  or  such  parts  and  so  much  thereof  as  he  the  said  P. 
S.,  his  heirs  or  assigns,  may  choose  as  a  party  wall.  And  further, 
that  should  the  said  wall,  hereby  made  a  party  wall,  be  at  any  fu- 
ture time  or  times  injured  or  destroyed,  either  by  decay,  lapse  of 
time,  fire,  accident,  or:  other  cause  whatever,  so  as  to  require  to  be 
either  repaired  or  rebuilt,  in  whole  or  in  part,  then  and  in  every 
such  case,  the  said  D.  L.  and  the  said  P.  S.  by  these  presents,  for 
themselves  respectively,  and  their  respective  heirs  and  assigns  for- 
ever,  mutually  covenant  and  agree,  to  and  with  each  other  and  their 
respective  heirs  and  assigns  forever,  that  such  reparation  or  re- 
building, as  the  case  may  be,  shall  be  at  the  mutual  joint  and  equal 
expense  of  them  the  said  D.  L.  and  P.  S.,  their  respective  heirs 
and  assigns  forever ;  as  to  so  much  and  such  parts  of  the  said  wall 
as  shall  be  used  by  the  said  P.  S.,  his  heirs  and  assigns/  in  erecting 
and  building  the  said  store  which  he  is  now  about  erecting  on  his 
said  lot,  and  as  to  all  coping  of  the  said  gable  end,  whether  such 
coping  be  used  by  the  said  P.  S.,  his  heirs  and  assigns,  in  erecting 
and  building  the  said  store  or  not,  and  as  to  the  residue  of  the  said 
wall  not  used  by  the  said  P.  S.,  his  heirs  or  assigns,  in  erecting 
and  building  the  said  store,  such  reparation  or  rebuilding  of  such 
lesidue  of  the  said  wall  shall  be  at  the  sole  and  separate  expense 
of  the  said  D.  L.,  his  heirs  or  assigns  forever ;  and  that  in  every 
case  of  such  reparation  or  rebuilding,  should  the  same  be  necessary 
and  proper,  and  either  party,  his  heirs  or  assigns,  request  the  other 
to  unite  in  the  same,  and  to  contribute  to  the  expense  thereof,  ac- 
cording to  the  true  intent  and  meaning  of  this  agreement,  then  the 
other  party,  his  heirs  or  assigns  forever,  may  cause  such  reparation 
or  rebuilding  to  be  made  and  done,  and  charge  the  other  party,  his 
heirs  and  assigns,  forever,  with  the  proportion  of  the  expenses, 
costs,  and  charges  thereof,  according  to  the  true  intent  and"  mean- 
ing of  this  agreement;  and  that  in  every  case  of  such  reparation 
or  rebuilding,  as  the  case  may  be,  such  repairs  shall  restore  the 
said  wall  to  the  state  and  condition  in  which  it  now  is  in  all  res- 
pects, as  nearly  as  may  be ;  and  that  in  every  case  of  rebuilding. 
euch  wall  shall  be  rebuilt  upon  the  same  spot  on  which  it  now 
stands,  and  be(  of  the  same  size  and  the  same  materials,  as  far  as 
they  may  go/and  as  to  the  deficiency  with  others  of  the  same 
quality  and  goodness,  and  in  all  respects  shall  be  made  of  the  same 
quality  and  goodness  as  the  present  wall.  It  being  further  in  like 
toannsr  mutually  understood  and  agreed,  by  and  between  the  said 
parties,  that  this  agreement  shall  be  perpetual,  and  run  with  the 
land,  and  be  obligatory  upon  the  heirs  and  assigns  of  the  said  par- 
ties, respectively,  forever,  and  in  all  cases  and  on  all  occasions,  shall 
be  construed  as  a  covenant  running  with  the  laud :  bufc  that  this 


AGREEMENTS.  85 

agreement  shall  not  have  the  effect  or  operation  of  conveying  to 
the  said  P.  S.,  his  heirs  or  assigns,  the  fee  simple  of  the  one  moiety 
or  any  other  part  of  the  ground  or  land  on  which  the  said  wail 
now  stands,  but  only  the  right  to  the  use  and  benefit  of  the  said 
wall  as,  a  party  wall,  forever. 

In  witness,  &c.,  [as  in  General  Form.] 

Agreement  for  making  and  delivering  Boots. 

THIS  AGREEMENT,  made  this day  of ,  in  the  year 

f>y  and  between  A.  B.  of ,  and  C.  D.  of : 

WITNESSETH,  that  the  said  A.  B.,  in  consideration  of  the  cove- 
nants on  the  part  of  the  party  of  the  second  part,  to  be  performed, 
doth  covenant  and  agree,  to  and  with  the  said  C.  D.,  that  he  will, 
within  [here  insert  the  time]  from  the  date  hereof,  make  and  deliver 
to  the  said  C.  D.  ten  thousand  pairs  of  boots,  made  from  calfskin, 
of  the  first  quality,  and  of  the  following  sizes  [here  insert  sizes]. 

And  the  said  C.  D.  covenants  to  pay  to  the  said  A.  B.  two  dol- 
lars for  each  pair,  upon  the  completion  of  the  delivery  of  the  said 
ten  thousand  pairs,  if  the  same  are  delivered  within  [insert  the  time 
agreed  upon]  from  the  date  hereof,  as  aforesaid. 

In  witness,  &c.  [as  in  General  Form.] 


Agreement  for  a  Sale  of  Wheat. 

MEMORANDUM. — It  is  agreed,  by  and  between  E.  F.  of,  &c.,  That 
lie,  the  said  G.  II.,  in  consideration  of  three  hundred  bushels  ol 
wheat,  sold  to  him  this  day  by  the  said  E.  F.,  and  by  him  agreed 
to  be  delivered  to  the  oaid  G,  II.,  free  of  all  charges  and  expenses 
whatsoever,  at,  on,  or  before,  &c.,  next,  shall  and  will  pay,  or  cause 
to  be  paid  to  the  said  E.  F.,  or  his  assigns,  within  three  months 
after  such  delivery,  the  sum  of,  &c.  And  the  said  E.  F.,  in  con- 
sideration of  the  agreement  aforesaid  of  the  said  G.  II.,  doth  prom- 
ise  and  agree,  6n  or  before,  &c.,  aforesaid,  at  his  proper  expensea 
to  send  in  and  deliver  to  the  said  G.  II.,  or  his  assigns,  the  said 
three  hundred  bushels  of  wheat,  so  sold  him  as  aforesaid,  and  that 
he  the  said  E.  F.  shall  and  will  warrant  tbe  same  to  be  good,  clean, 
and  merchantable  grain. 

In  witness,  &c.,  [as  in  Genf.ral  Form.] 


Agreement  to  build  a  House  according  to  a  Plan  annexed, 

BE  it  remembered,  that  on  this day  of ,  A.  D.  1856,  it  ia 

agreed  by  and  between  A.  B.  of ,  and  C.  D.  of ,  in  man- 
ner and  form  following,  viz.: 
The  said  D.  C.,  for  the  considerations  hereinafter 


30  AGREEMENTS, 

doth,  for  himself,  his  executors  and  administrators,  promise,  and 
agree  to  and  with  the  said  A.  B.,  his  executors,  administrators, 
and  assigns,  that  he,  the  said  C.  D.,  or  his  assigns,  shall  and  will, 

within  the  space  of next  after  the  date  hereof,  in  good  and 

workmanlike  manner,  and  according  to  the  best  of  his  art  and 

skill,  at ,  well  and  substantially  erect,  build,  set  up,  and  finish, 

one  house  or  messuage,  according  to  the  draught  or  scheme  here- 
unto annexed,  of  the  dimc/toions  following,  viz.,  &c.,  and  to  com- 
pose the  same  with  such  stone,  brick,  timber,  and  other  materials, 
as  the  said  A.  B.  or  his  assigns  shall  find  and  provide  for  the  same : 
Jn  consideration  whereof,  the  said  A.  B.  doth  for  himself,  his  execu- 
tors and  administrators,  promise  arid  agree,  to  and  with  the  said 
C.  D.,  his  executors,  administrators  and  assigns,  well  and  truly  to 
pay,  or  cause  to  be  paid,  unto  the  said  C.  B.,  or  his  assigns,  the 

sum  of ,  in  manner  following,  that  is  to  say,  the  sum  of  — — 

part  thereof  at  the  beginning  of  the  said  work  •  the  sum  of 

more,  another  part  thereof,  when  the  same  shall  be  completely 
finished;  and  also  that  the  said  A.  B.,  his  executors,  administra- 
tors, or  assigns,  shall  and  will,  at  his  and  their  own  proper  ex- 
pense, find  and  provide  all  the  stone,  brick,  tile,  timber,  and  other 
materials  necessary  for  making  and  building  the  said  house.  And 
for  the  performance  of  all  and  every  the  articles  and  agreements 
above  mentioned,  the  said  A.  B.  and  C.  D.  do  hereby  bind  them- 
selves, their  executors,  &c.,  each  to  the  other,  in  the  penal  sum  of 
,  firmly  by  these  presents. 

In  witness  whereof,  &c.,  [as  in  General  Form.] 

[Here  annex  Plan.] 

Agreement  to  Change  a  Mortgage  Security. 

THIS  agreement,  made  the day  of .  in  the  year .  be« 

tween  the  Rector.  Wardens,  and  Vestrymen  of  the Church,  in 

the  city  of  New-York,  of  the  first  part,  and  C.  M.,  of  the  said  city, 
gentleman,  of  the  second  part,  witnesscth :  That  whereas  the  said 
parties  of  the  first  part  have  sold  and  conveyed  in  fee,  unto  the  said 

Earty  of  the  second  part,  the  six  several  lots  of  ground  in  said  city 
nown   as  numbers for  the  price  or  consideration  of 

$50,000,  part  of  which  sun  has  been  paid  down  on  the  delivery  of 
the  deeds  therefor ;  and,  wuercas,  in  order  to  secure  to  the  said 
parties  of  the  first  part,  the  payment  of  the  residue  of  said  pur- 
chase money,  to  wit,  the  sum  of  $30,000,  in  six  equtil  payments  of 
$5.000  each,  in  ten  years,  with  interest  thereon  at  the  rate  of  five 
por  cent,  per  annum,  the  said  party  of  the  second  part,  and  his 
wife,  have  executed  and  delivered  to  the  said  parties  of  the  first 
part,  six  several  mortgages  on  the  said  premises,  as  collateral 
security  for  the  six  several  bonds  of  corresponding  amounts,  exe- 
cuted and  delivered  by  the  said  party  of  the  second  part  to  tho 
•akl  parties  of  the  first  part ;  and,  whereas,  also,  it  may  at  some 


AGEEJTMENTS.  37 

future  period  become  expedient,  or  advantageous,  for  the  said  partv 
of  the  second  part  to  sell  or  otherwise  dispose  of  the  said  premises 
so  by  him  purchased  as  aforesaid,  free  and  clear  from  the  incum 
brance  of  the  said  mortgages  •  Now,  therefore,  this  agreement  wit* 
ncssetfi :  That  the  said  parties  of  the  first  part,  for  and  in  conside- 
ration of  the  premises,  do,  for  chemselves,  their  successors  ana 
assigns,  forever  covenant,  promise;  and  agree,  to  and  with  the  said 
party  of  the  second  part,  his  heirs,  executors,  administrators,  and 
assigns,  that  he,  the  said  party  of  the  second  part,  shall  and  may 
at  all  times  Hereafter,  have  an<3  retain  the  right  of  changing  the 
security  above  mentioned,  by  substituting,  instead  of  any,  either,  or 
all  of  the  said  mortgages,  the  lifco  security  on  other  real  estate  or 
property  of  at  least  equal  value  with  the  said  mortgaged  premises. 
And  this  agreement  further  wltnesseth :  that  whenever  the  said 
party  of  the  second  part,  his  heirs,  executors,  administrators,  or 
assigns,  shall  furnish  the  said  parties  of  the  first  part,  their  sue* 
cessors  or  assigns,  with  such  otLsr  satisfactory  security  as  afore- 
said, the  said  parties  of  the  first  part,  their  successors  and  assigns, 
shall  and  will,  upon  request  to  them  made,  forthwith  execute  and 
deliver  to  the  said  party  of  the  second  part,  his  heirs,  executors, 
administrators,  and  assigns,  good  and  sufficient  releases  and  dis- 
charges of  the  said  mortgage?,  or  any  of  them,  and  of  the  said 
premises  therein  mentioned. 

In  witness,  &c.,  [as  in  General  Form.] 

Agreement  for  tlie  Sale  and  Purchase  of  Land. 

ARTICLES  of  agreement  made  and  concluded  this  first  day  of 
January,  A.  D.  I860,  at  Cincinnati,  in  the  State  of  Ohio,  b/  and 
between  A.  B.,  of  said  Cincinnati,  yeoman,  and  C.  D.,  of  Buffalo,  in 
the  State  of  New-York,  yeoman. 

First.  The  said  A.  B.,  in  consideration  of  the  sum  of dollars 

to  him  paid  by  the  said  C.  D.,  (the  receipt  whereof  is  hereby  ac- 
knowledged,) and  in  further  consideration  of  the  promise  of  the 
said  C.  1).  hereinafter  contained,  doth  hereby  promise  and  agree,  to 
and  with  the  said  C.  D.,  that  ho  will,  on  or  before  the  first  day  ol 
July  next,  make  and  deliver  tot-he  said  C.  D.  a  good  and  sufficient 
deed,  with  the  usual  covenants  of  warranty,  release  of  dower,  &c.; 
of  all  that  tract  of  land  situate,  lying,  and  being  in  the  town  oi 

,  in  the  county  of ,  and  state  of  ,  known  as  the , 

&c.,  [or,  bounded  and  described  as  follows : ] 

Second.  In  consideration  whereof,  the  said  C.  D.  doth  hereby 
promise  and  agree,  to  and  with  the  said  A.  B.,  that  he  will,  on  such 
ieed  being  tendered  to  him  by  the  said  A.  B.,  on  or  before  the  said 
firat  day  of  July  next,  pay  to  trie  said  A.  B.  the  further  sum  of 

dollars,  in  addition  to  the  payment  already  made,  being  tho 

balance  of  the  purchase  money  hereby  agreed  upon  for  the  said 
tract  of  land. 


38  AOBEEMENTS. 

And  to  the  true  and  faithful  performance  of  all  the  agreomefllfl 
herein  contained,  ^t>  the  part  of  the  said  A.  B.  and  C.  D.}  each  of 
them  binds  himself,  nijj  boirs,  executors,  and  administrators,  to  the 
other  and  his  heir*,  executors,  and  administrators. 

In  witness  whereof  io.,  [as  in  General  Form.] 


Agreement  to  be  sig&td  by  an  Auctioneer,  after  a  Sale  of 

Land  at  Auction. 

I  HEREBY  acknowledge  that  A.  B.  has  been  this  day  declared  by 
me  the  highest  bi'-i«lc"  and  purchaser  of  [describe  the  land,]  at  the 

sum  of dollars,  [o, ,  :•  t  the  sum  of dollars cents  per 

acre,  or  foot,]  and  *hat  he  has  paid  into  my  hands  the  sum  of , 

as  a  deposit,  and  in  p^1.'  payment  of  the  purchase  money ;  and  I 
hereby  agree  that  the  vender,  C.  D.,  shall  in  all  respects  fulfil  the 

conditions  of  sale  Hereto  annexed.     Witness  my  hand,  at on 

the day  of ,  A  D.,  1860. 

J.  S.,  Auctioneer. 

Agreement  to  ^  risned  by  the  Purchaser  of  Lands  at 
Auction. 

I  HEREBY  acknowiew£"-j,  that  I  have  this  day  purchased  at  pub- 
lic auction  all  tha*  [describe  the  land,]  for  the  sum  of dollars, 

[or,  for  the  j>rice  o*   •  •  •  —  dollars cents  per  acre,  or  per  foot,] 

and  have  paid  into  the  nands  of  J.  S.,  the  auctioneer,  the  sum  of 

,  as   a   deposit,  and  in  part  payment  of  the  said  purchase 

money  ;  and  I  hereby  agree  to  pay  the  remaining  sum  of 

unto  C.  D.,  the  vendor,  at ,  on  or  before  the day  of , 

and  in  all  other  respects  on  my  part  to  fulfil  the  annexed  condi- 
tions of  sale.     Witness  my  hand,  this  day  of A.  D., 

1860. 

A.  B. 


Articles  of  Copartnership, 

ARTICLES  of  copartnership  made  and  concluded  this day 

of ,  in  the  year  one  thousand  eight  hundred  and  sixty,  by  and 

between  A.  B.,  bookseller,  of  the  first  part,  and  C.  D.,  bookseller 
of  the  second  part,  both  of ,  in  the  county  of . 

Whereas  ib  is  the  intention  of  the  said  parties  to  form  a  copart- 
nership, for  the  purpose  of  carrying  on  the  retail  business  of  book- 
sellers and  stationers,  for  which  purpose  they  have  agreed  on  the 
following  torms  and  articles  of  agreement,  to  the  iaitkful  perform- 
ance of  which  they  mutually  bind  and  engage  themselves  each  to 
the  other,  his  executors  and  administrators. 

First.    The  style  of  tho  said  copartnership  shall  be  " and 


AG11EEBIENTS.  39 

oompany;"  and  it  shall  continue  for-  the  term  of — —  years  from 
the  above  date,  except  in  case  of  the  death  of  either  of  the  said 
partiea  within  the  said  term. 

Second.  The  said  A.  B.  and  C.  D.  are  the  proprietors  of  the 
stock,  a  schedule  of  which  is  contained  in  their  stock  book,  in  the 
proportion  of  two  thirds  to  the  said  A.  B.,  and  of  one  third  to  tho 
said  C.  D. ;  and  the  said  parties  shall  continue  to  be  owners  of 
their  joint  stock  in  the  same  proportions ;  and  in  case  of  any  addi- 
tion being  made  to  the  same  by  mutual  consent,  the  said  A.  B. 
shall  advance  two  thirds,  and  the  said  C.  D.  one  third  of  the  cos* 
thereof. 

Third.  All  profits  which  may  accrue  to  the  said  partnership 
shall  be  divided,  and  all  losses  happening  to  the  said  firm,  whether 
from  bad  debts,  depreciation  of  goods,  or  any  other  cause  or  acci- 
dent, and  all  expenses  of  the  business,  shall  be  borne  by  the  said 
parties,  in  the  aforesaid  proportions  of  their  interest  in  the  said 
stock. 

Fourth.  The  said  C.  D.  shall  devote  and  give  all  his  time  and 
attention  to  the  business  of  the  said  firm  as  a  salesman,  and  gener 
ally  to  the  care  and  superintendence  of  the  store  ;  and  the  said  A 
B.  shall  devote  so  much  of  his  time  as  may  be  requisite,  in  advis- 
ing, overseeing,  and  directing  the  importation  of  books  and  other 
articles  necessary  to  the  said  Business. 

Fifth.  All  the  purchases,  sales,  transactions,  and  accounts  of 
the  said  firm  shall  be  kept  in  regular  books,  which  shall  be  always 
open  to  the  inspection  of  both  parties  and  their  legal  representa- 
tives respectively.  An  account  of  stock  shall  be  taken,  and  an 
account  between  the  said  parties  shall  be  settled,  as  often  as  once 
in  every  year,  and  as  much  oftener  as  either  partner  may  desire  and 
in  writing  request. 

Sixth,  Neither  of  the  said  parties  shall  subscribe  any  bond, 
sign  or  endorse  any  note  of  hand,  accept,  sign,  or  endorse  any 
draft  or  bill  of  exchange,  or  assume  any  other  liability,  verbal  or 
written,  either  in  his  own  name  or  in  the  name  of  the  firm,  for  the 
accommodation  of  any  other  person  or  persons  whatsoever,  without 
tho  consent  in  writing  of  the  other  party ;  nor  shall  either  party 
lend  any  of  the  funds  of  the  copartnership  without  such  consent  oi 
the  other  partner. 

Seventh.  No  importation,  or  large  purchase  of  books  or  other 
things,  shall  be  made,  nor  any  transaction  out  of  the  usual  course 
of  the  retail  business  shall  be  undertaken  by  either  of  the  partners, 
without  previous  consultation  with,  and  the  approbation  of,  the 
other  partner. 

Eighth.  Neither  party  shall  withdraw  from  the  joint  stock,  at 
any  time,  more  than  his  share  of  the  profits  of  the  business  thea 
earned,  nor  shall  either  party  be  entitled  to  interest  on  his  share 
of  the  capital ;  but  if,  at  the  expiration  of  the  year,  a  balance  of 
profits  be  found  due  to  either  partner,  ho  shall  be  ut  liberty  to 


40         •  AGREEMENTS. 

withdraw  the  said  balance,  or  to  leave  it  m  the  businesSj  provided 
the  other  partner  consent  thereto,  and  in  that  case  he  shall  be 
allowed  interest  on  the  said  balance. 

Ninth.  At  the  expiration  of  the  aforesaid  term,  or  earlier  dis- 
solution of  this  copartnership,  if  the  said  parties  or  their  legal 
representatives  cannot  agree  in  the  division  of  the  stock  then  on 
hand,  the  whole  copartnership  effects,  except  the  debts  due  to  the 
firm,  shall  be  sold  at  public  auction,  at  which  both  parties  shall  be 
at  liberty  to  bid  and  purchase  like  other  individuals,  and  the  pro- 
ceeds shall  be  divided,  after  payment  of  the  debts  of  the  firm,  in 
the  proportions  aforesaid. 

Tenth.  For  the  purpose  of  securing  the  performance  of  the 
foregoing  agreements,  it  is  agreed  that  either  party,  in  case  of  any 
violation  of  them  or  either  of  them  by  the  other,  shall  have  the 
right  to  dissolve  this  copartnership  forthwith,  on  his  becoming  in 
formed  of  such  violation. 

In  witness,  £c.,  fas  in  General  Fora.] 


Agreement  to  continue  the  Partnership ;  to  be  endorsed  on 
the  Back  of  the  Original  Articles. 

WHEREAS  the.  partnership  evidenced  by  the  within-written  ar- 
ticles has  this  day  expired  by  the  limitations  contained  herein,  [or 

will  expire  on  the day  of next]  it  is  hereby  agreed, 

that  the  same  shall  be  continued  on  the  same  terms,  and  with  all 
the  provisions  and  restrictions  herein  contained,  for  the  further 

term  of years  from  this  date,  [or  from  the day  of 

next.] 

In  witness,  &c.,  [as  in  General  Form.] 

Agreement  for  the  Sale  and  Delivery  of  Personal  Property 

THIS  AGREEMENT,  made  this day  of ,  one  thousand 

eight  hundred  and  sixty,  between of  the  city  of of  the 

first,  part,  and ,  of  the  said  city,  of  the  second  part — 

WITNESSETH,  that  tlio  said ,  in  consideration  of  the  cove- 
nants on  the  part  of  the  said ,  doth  covenant  to  and  with  the 

said ,  that  he  will  deliver  to  the  said  ,  at  his  storehouse 

[n aforesaid  one  thousand  bushels  of  wheat,  of  good  mer- 
chantable quality,  on  or  before  the day  of next. 

And    the  said  ,  in  consideration   of  the  covenants  on 

fcho  part  of  the   said  ,  doth   covenant  and   agree   to  ana 

with  the  said ,  that  he  will  pay  to  the  said at  the  rate 

of  owe  dollar  for  each  bushel  of  wheat  so  delivered,  immediately  on 
fee  completion  of  the  delivery  thereof. 

Ill  witness,  &c.t  [as  in  General  Form.] 


FORMS   OP   CONVEYANCES.  41 

FORMS   OF    CONVEYANCES. 

A  DEED  is  an  instrument  in  writing  between  parties  legally  able 
to  contract,  and  duly  signed,  sealed  and  delivered.  Deeds  may  bo 
written  on  parchment  or  paper.  Every  instrument  with  a  seal  at- 
tached to  it  is  a  deed  ;  but  the  word  deed  is  generally  applied  in 
court  only  to  conveyances  of  land. 

In  the  State  of  New-York  one  witness  to  the  execution  of  a  deed 
is  sufficient.  Should  there  be  no  witness,  it  is  necessary  to  have 
the  deed  acknowledged  by  a  Commissioner  of  Deeds.  In  Vermont, 
New  Hampshire,  Rhode  Island,  Connecticut,  Ohio,  Pennsylvania, 
Georgia,  Illinois  and  Indiara,  two  witnesses  are  required.  In 
South  Carolina,  Delaware  and  Tennessee,  two  witnesses  are  only  re- 
quired when  the  deed  is  to  be  proven  ty  witnesses.  In  the  other 
States  no  witnesses  are  necessary. 

To  render  a  person  legally  able  to  convey  property  to  another 
by  deed  the  following  are  necessary,  viz  : — 1st,  he  or  she  must  be 
a  citizen ;  2dly,  of  a  sane  mind ;  3dly,  he  or  she  must  be  right- 
fully possessed  of  the  property  •  4thly,  of  age. 

A  deed  takes  effect  from  its  delivery  to  the  party  to  whom  it  i8 
made  or  to  his  authorized  agent.  A  promise  to  deliver  a  deed,  if 
accompanied  by  any  act  or  writing  to  that  import,  constitutes  a 
delivery.  Or  it  may  be  formally  delivered,  but  yet  be  retained  by 
the  maker  until  certain  conditions  are  performed  ;  and  it  takes  full 
effect  upon  the  performance  of  such  conditions. 

A  seal  of  wax  or  wafer  should  always  be  attached  to  each  sig- 
nature to  a  deed.  In  some  of  the  Southern  and  Eastern  States  a 
circle  or  scroll  with  the  pen  is  allowed  in  the  place  of  a  seal ;  but 
it  is  not  always  safe,  and  has  sometimes  led  to  litigation  that 
might  have  been  avoided  if  a  wafer  or  sealing  wax  had  been  used. 

It  is  not  safe  to  depart  from  the  established  forms  of  deeds.  In 
taw  a  deed  consists  of  the  following — 1st,  the  names  of  the  parties 
making  it  and  to  whom  it  is  made  ;  2dly,  the  consideration  (that 
IB  the  amount  of  money)  for  which  the  land  was  sold;  3dly,  the 
description  of  the  property  conveyed ;  4thly,  the  quantity  of  in- 
terest in  the  property  conveyed;  and  5thly,  the  conditions,  reser- 
vations, and  covenants  (if  any)  on  which  it  is  conveyed. 

A  maBried  man  cannot  convey  away  any  part  of  his  real  estate 
without  the  consent  of  his  wife;  and  if  it  shall  be  subsequently 


42  FORMS    OF    CONVEYANCES. 

proven  that  her  consent  vras  wrung  or  extorted  from  her  through 
threats,  or  violence  Df  any  kind  soever,  her  interest  in  the  same 
can  be  recovered.  Hence,  it  is  necessary  for  her  to  acknowledge 
before  a  Commissioner  of  Deeds,  who  shall  put  the  same  in  writ- 
ing on  the  deed,  and  with  his  own  name  as  a  witness,  that  sho 
signed  the  same  of  her  own  free  will  and  without  fear  or  coercion 
of  any  kind. 

Deeds  should  be  recorded  without  delay  in  the  County  Clerk's 
office  of  the  county  in  which  the  property  is  situate.  Neglect  oi 
this  important  step  has  often  led  to  expensive  law  suits  that  might 
by  proper  attention  to  it  in  the  beginning  have  been  avoided. 


Deed  Without  Covenants. 

THIS  indenture,  made  the day  of ,  in  the  year  of  our 

Lord,  one  thousand ,  between  A.  B.,  of,  &c.,  of  the  first  part, 

and  C.  D.,  of,  &c.,  of  the' second  part,  Witnesseth:  That  the  said 
party  of  the  first  part,  for  and  in  consideration  of  the  sum  of  fifty 
dollar,  to  him  in  hand  paid,  by  the  said  party  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged :  hath  bargained  and 
sold,  and  by  these  presents  doth  bargain  and  sell,  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns  for  ever,  all, 
&c.  [Here  describe  the  property.]  Together  with  all  and  singular, 
the  hereditaments  and  appurtenances  thereunto  belonging,  or  in 
anywise  appertaining;  and  the  reversion  and  reversions,  remainder 
and  remainders,  rents,  issues,  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest,  claim,  or  demand,  whatsoever  of  him, 
the  said  party  of  the  first  part,  either  in  law  or  equity,  of,  in,  and 
to,  the  above  bargained  premises,  and  every  part  and  parcel  thereof: 
to  have  and  to  hold  to  the  said  party,  of  the  second  part,  his  heirs, 
and  assigns,  to  the  sole  and  only  proper  use,  benefit,  and  behoof  of 
the  said  party  of  the  second  part,  his  heirs  and  assigns,  for  ever. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals, 
the  day  and  year  first  above  written- 
Sealed  and  delivered    ^ 

in  presence  of  A.  B.     [L.S.] 

JAMES  MOORE,  C.  D.     [L.S.J 

ISAAC  WISE. 


Quit-Claim  Deed. 

KNOW  all  men  by  these  presents,  that  we,  A.  B.,  of,  &c.,  and  C., 

the  wife  of  the  said  A.,  in  consideration  of  the  sum  of ,  to  ui 

in  hand  paid,  by  D.  E.3  of,  &c.,  the  receipt  whereof  wo  do  herebj 


FORMS    OF    CONVEYANCES.  43 

acknowledge,  have  bargained,  sold,  and  quit-claimed,  and  by  theso 
presents  do  bargain,  sell,  and  quit-claim,  unto  the  said  D.  E.,  and 
to  his  heirs  and  assigns  for  ever,  all  our.  and  each  of  our  right,  title, 
interest,  estate,  claim,  and  demand,  both  at  law  and  in  equity,  and 
as  well  in  possession  as  in  expectancy  of,  in,  and  to  all  that  certain 
farm,  or  piece  of  land,  situate,  &c..  [describing  it,]  with  all  and  sin- 
gular, the  hereditaments  and  appurtenances  thereunto  belonging. 
lu  witness,  &c.  [as  in  General  Form  of  Agreement.] 


Deed  with  Covenants  against  the  Grantor  Only. 

Tins  indenture,  made  this,  &c.,  between  A.  B.,  of ,  of  the 

one  part,  and  C.  D..  of ,  of  the  other  part,  witnesscth  :  That 

the  said  A.  B.,  in  consideration  of ,  to  him  in  hand  pa-id,  by 

the  said  C.  D.,  the  receipt  whereof  he  doth  hereby  acknowledge, 
hath  granted,  bargained,  sold,  released  and  confirmed,  and  by  these 
presents  doth  grant,  bargain,  sell,  release,  and  confirm  unto  the  aid 

0.  D.,  and  his  heirs  and  assigns  for  ever,  all ;  together  with 

all  and  singular,  the  hereditaments  and  appurtenances  whatsoever, 
to  the  same  belonging  or  appertaining;  and  the  reversion  and 
reversions,  remainder  and  remainders,  rents,  issues,  and  profits 
thereof,  and  every  part  and  parcel  thereof ;  and  also  all  the  estate, 
right,  title,  interest,  trust,  property,  claim,  and  demand  whatsoever, 
both  at  law  and  in  equity,  of  the  said  A*.  B.,  in,  to,  or  out  of  the 
said  lands,  tenements,  hereditaments,  and  premises :  to  have  and  to 
hold  the  said  lands,  tenements,  and  hereditaments,  and  all  and  sin- 
gular other  the  premises  hereinbefore  mentioned,  with  their  appur- 
tenances, unto  the  said  C.  D.,  his  heirs  and  assigns,  and  to  his  and 
their  only  proper  use  and  behoof. 

And  the  said  A.  B.  doth  hereby,  for  himself,  his  heirs,  executors, 
and  administrators,  covenant,  promise,  and  agree,  to  and  with  the 
said  C.  D.,  his  heirs,  executors,  administrators,  and  assigns,  in 
manner  and  form  following,  that  is  to  say:  that  the  said  C.  D.,  his 
heirs  and  assigns,  shall,  and  may  peaceably  and  quietly  have, 
hold,  and  enjoy  the  said  lands,  tenements,  hereditaments,  and  pre- 
mises., and  every  part  and  parcel  thereof,  without  the  let,  suit, 
trouble,  eviction,  or  disturbance  of  the  said  A.  B.,  his  heirs  or  as- 
signs, or  of  or  by  any  other  person  or  persons  lawfully  claiming,  or 
to  claim  from,  by,  or  under,  o*1  in  trust  for  him,  them,  or  any  of  them. 

And  that  the  said  lands,  tenements,  hereditaments,  and  premises, 
and  every  part  and  parcel  thereof,  now  are,  and  from  henceforth 
shall  continue,  remain,  and  be  unto  the  said  C.  ]).,  his  heirs  and 
assigns,  free  and  clear,  and  freely  and  clearly  acquitted,  exonerated 
and  discharged  of,  from,  and  against  all  former  and  other  gifts 
grants,  bargains,  sales,  mortgages,  estates,  titles,  troubles,  charges, 
and  encumbrances  whatsoever,  had,  made,  done,  committed,  occa 
jioned,  or  suffered,  by  tho  said  A.  B.,  or  by  any  person  lawfully 


44  FORMS    OF    CONVEYANCES. 

claiming,  or  to  claim  by.  from,  or  under  him,  or  by  his,  their,  or 
any  of  their  act,  means,  assent,  or  procurement. 

And  the  said  A.  B.,  and  his  heirs,  all  and  singular  the  aforesaid 
lands,  tenements,  hereditaments,  and  premises,  and  every  part  anl 
parcel  thereof,  unto  the  said  C.  D.,  his  heirs  and  assigns,  against 
him,  the  said  A.  B.,  his  heirs  and  assigns,  shall  and  will  warrant 
ind  for  ever  defend  by  these  presents. 

In  witness,  <fec.  [as  in  General  Form  of  Agreement.] 


Deed  with  Full  Covenants. 

THIS  indenture,  made  the day  of ,  in  the  year ,  be- 
tween A.  B.,  of ,  and  C.,  his  wife,  of  the  first  part,  and  D.  E.,  of 

,  of  the  second  part,  witncsseth:  That  the  said  parties,  of  the  first 

part,  for  and  in  consideration  of  the  sum  of ,  current  money 

of  the  United  States,  to  them  in  hand  paid,  by  the  said  parties  of 
the  second  part,  at  and  before  the  ensealing  and  delivery  of  these 
presents,  the  receipt  whereof  they  do  hereby  acknowledge;  and 
thereof  and  therefrom,  and  of  and  from  every  part  and  parcel 
thereof,  do  acquit,  release,  exonerate  and  discharge  the  said  party 
of  the  second  part,  his  heirs,  executors,  administrators,  and  assigns, 
and  every  of  them,  by  these  presents  have  granted,  bargained,  sold, 
aliened,  remised,  released,  and  confirmed,  and  by  these  presents  do 
fully,  freely,  and  absolutely  grant,  bargain,  sell,  alien,  remise,  re- 
lease, and  confirm  unto  the  said  party  of  the  second  part,  and  hia 
heirs  and  assigns,  for  ever,  all  that  messuage,  or  dwelling-house, 
and  lot  of  land  thereto  belonging,  situate,  lying,  and  being,  &c.j 
together  with  all  and  singular  the  hereditaments  and  appurte- 
nances whatsoever,  to  the  said  messuage,  lot  of  ground,  and 'pre- 
mises belonging,  or  in  anywise  appertaining,  and  the  reversion  and 
reversions,  remainder  and  remainders,  rents,  issues,  and  profits 
thereof,  and  of  every  part  and  parcel  thereof,  and  also  ail  the 
estate,  right,  title,  interest,  property,  possession,  claim  and  demand 
whatsoever,  of  the  said  parties  of  the  first  part,  and  each  of  them, 
of,  in,  and  to  the  same,  or  any  part  or  parcel  thereof:  To  have  and 
'  to  hold  the  said  messuage  and  lot  of  ground  and  premises,  with 
.  \  their,  and  every  of  their  rights,  members,  and  appurtenances,  unto 
"—  '  the  said  party  of  the  second  part,  his  heirs  and  assigns  for  ever,  to 
the  only  proper  use,  benefit,  and  behoof  of  the  said  party  of  the 
second  part,  his  heirs  and  assigns  for  ever. 

And  the  said  A.  B.  and  his  heirs,  all  and  singular  the  aforesaid 
messuage,  lot  of  ground,  and  premises,  with  their  and  every  of  their 
right?,  members,  and  appurtenances,  hereby  granted  and  released, 
and  every  part  and  parcel  thereof,  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  and  against  him,  the  said  A.  B., 
his  heirs  and  assigns,  and  against  all  and  every  other  person  or 
persons  whomsoever,  shall  arid  will  warrant,  and  for  ever  defend 
by  thoao  present*. 


FOIIMS     OF   CONVEYANCES  45 


And  the  said  A.  B.,  for  himself,  his  heirs,  executors,  and 
istrators,  and  each  and  every  of  them,  doth  hereby  promise,  cove- 
nant, grant,  and  agree,  to  and  with  the  said  party  of  the  second 
part,  his  heirs  and  assigns,  in  manner  and  foiau  following,  that  is 
to  say:  that  he,  the  said  A.  B.,  is  at  the  time  of  the  ensealing  and 
delivery  of  these  presents,  the  true,  lawful,  and  rightful  owner  and 
proprietor  of  the  said  messuage  and  lot  of  ground  and  premises, 
with  their,  and  every  of  their  rights,  members,  and  appurtenances. 
and  every  part  and  parcel  thereof,  of  a  good,  pure,  perfect,  and 
indefeasible  estate  of  inheritance,  in  fee  simple,  without  any  man- 
ner of  condition,  or  limitation,  of  any  use  or  uses,  or  any  other 
matter,  cause,  or  thing  whatsoever,  to  determine,  alter,  change,  or 
defeat  the  same. 

And  that  he,  the  said  A.  B.,  has,  in  himself,  good  right,  full 
power,  and  lawful  and  ab&olute  authority,  to  grant,  bargain.  selL 
remise,  release  and  confirm  the  said  messuage,  and  lot  of  land  and 
premises,  with  their  and  every  of  their  appurtenances,  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  in  manner  and 
form  aforesaid. 

And  also,  that  he  the  -said  party  of  the  second  part,  his  heirs 
and  assigns,  and  every  of  them,  shall,  and  may,  from  time  to  time 
and  at  all  times  for  ever  hereafter,  peaceably  and  quietly  have 
hold,  use,  occupy,  possess,  and  enjoy,  all  and  singular,  the  premises 
hereintobeforo  mentioned,  or  intended  to  be  hereby  conveyed,  and 
every  part  and  parcel  thereof,  with  their  and  every  of  their  appur- 
tenances, without  any  let,  suit,  trouble,  denial,  eviction,  ejection, 
or  interruption,  whatsoever,  of  or  by  him,  the  said  A.  B.,  his  heirs 
or  assigns,  or  at,  or  by  any  other  person  or  persons  whatsoever, 
having,  or  lawfully  claiming  any  estate,  right,  title,  or  interest,  of, 
in,  or  to  the  same,  or  any  part  thereof,  and  that  free  and  clear,  and, 
freely  and  clearly  acquitted,  exonerated,  and  discharged  of  and 
from  all,  and  all  manner  of  former  and  other  bargains,  sales,  gifts, 
grants,  fcoffments,  devices,  dowers,  rights,  and  titles  of  dowers, 
uses,  issues,  fines,  annuities,  debts,  duties,  judgments,  executions, 
recognizances,  and  all  other  estates,  rights,  titles,  troubles,  charges, 
and  encumbrances  whatsoever,  had,  made,  committed,  done,  or  suf- 
fered, or  to  l)e  had,  made,  committed,  done,  or  suffered,  in  anywise 
whatsoever,  by  him  the  said  A.  B.,  or  by  any  other  person  or  per- 
sons whatsoever,  having,  or  lawfully  "claiming  any  estate,  right, 
title,  or  interest,  of,  in,  or  to  the  same,  or  any  part  or  parcel 
thereof. 

And,  moreover,  that  he,  the  said  A.  B.,  and  his  heirs,  and  all  and 
every  other  person  or  persons,  having,  or  lawfully  claiming  any 
estate,  right,  title,  or  interest,  of,  in,  or  to  the  said  messuage,  lot 
of  ground,  and  premises,  or  any  part  or  parcel  thereof,  by,  from, 
or  under  him,  shall  and  will,  from  time  to  ^ime.  and  at  all  times 
hereafter,  upon  the  reasonable  request,  and  at  the  proper  costs  any 
of  tho  sold  pnrty  of  the  second  part,  his  heirs  or  ' 


*6  FORMS    OF    CONVEYANCES. 

make,  do,  acknowledge,  levy,  suffer,  and  execute,  or  cause  and  pro 
cure  to  be  made,  done,  acknowledged,  levied,  suffered,  and  executed 
all  and  every  such  further  and  other  act  and  acts,  thing  and  things 
device  and  devices,  conveyances  and  assurances  in  the  law  what 
soever,  for  the  further,  better,  and  more  effectual  conveying,  set- 
tling, and  assuring,  of  all  and  singular,  the  premises  herein  before 
mentioned,  or  intended  to  be  herein  conveyed,  with  their,  and  ever} 
of  their  rights,  members,  and  appurtenances,  to  the  only  propei 
use  and  behoof  of  the  said  party  of  the  second  part,  his  heirs  and 
assigns  for  ever,  as  by  the  said  party  of  the  second  part,  his  heirs 
or  assigns,  or  his  or  their  counsel  learned  in  the  law,  shall  be  rea- 
sonably devised,  advised,  or  required. 

In  witness,  &c.  [as  in  General  Form  of  d  grtement.} 


Conveyances  of  Lands  on  Sale  by  Mortgage. 

THIS  indenture,  made   the  day  of ,  in  the  year  , 

between  A.  B.,  of,  &c.,  of  the  one  part,  and  C.  D.,  of,  <EC.,  of  the 
other  part.  "Whereas  E.  F.,  of,  &c.,  did,  by  a  certain  indenture  of 

mortage,  dated  the  day  of ,  in  tb.e  year  ,  for  tho 

consideration  of ,  bargain  and  soil  unto  the  said  A.  B.,  and  to 

his  heirs  and  assigns  for  ever,  all  that  certain,  &c. ;  together  with 
all  and  singular  the  hereditaments  and  appurtenances  thereunto 
belonging :  To  have  and  to  hold  the  said  granted  and  bargained  pro. 
mises,  with  the  appurtenances,  unto  the  said  A.  B.,  his  heirs  and  as- 
signs,  to  the  only  proper  use  and  behoof  of  the  said  A.  B.,  his  heira 
and  assigns  for  ever;  provided,  nevertheless,  and  the  said  indenture 
of  mortgage  was  thereby  declared  to  be  upon  condition,  that  if  the 
said  E.  F.,  his  heirs,  executors,  or  administrators,  should  well  and 
truly  pay  unto  the  said  A.  B.,  his  executors,  administrators,  or  as- 
signs, the  just  and  full  sum  of ,  with  lawful  interest  for  the  same, 

on  or  before  the day  of ,  in  the  year  of ,  according  to 

the  condition  of  a  certain  bond  or  writing,  obligatory,  bearing  even 
date  with  the  said  indenture  of  mortgage,  that  then,  and  in  such 
case,  the  said  indenture,  and  the  said  writing  obligatory,  should  be 
void,  and  of  no  effect :  And  the  said  E.  F.  did,  by  the*  said  inden- 
ture, for  himself,  his  heirs  and  assigns,  agree  with  the  said  A.  B., 
his  heirs,  executors,  administrators,  and  assigns,  that  in  case  it 

should  so  happen,  that  the  said  sum  of ,  and  the  interest  for 

the  same,  should  be  du«  and  unpaid,  at  the  time  limited  for  the 
payment  thereof,  in  the  whole  or  in  part  thereof,  that  then  it  should 
and  might  be  lawful  for  the  said  A.  Bv  his  heirs  or  assigns  at  anj 
time  after  default  in  payment,  to  bargain,  sell,  and  dispose  of  the 
said  mortgaged  premises,  with  the  appurtenances,  at  public  ven 
due,  and  out  of  the  moneys  to  arise  from  the  sale  thereof,  to  retain 

and  keep  the  said  sum  o£ dollars,  and  the  interest,  or  BO  much 

thereof  as  might  be  due,  together  with  the  costs  and  charges  of 


FORMS    OF    CONVEYANCES.  47 

such  ualo,  or  salos,  rendering  the  overplus  money,  if  any,  to  the 
eaid  E.  F.,  his  heirs,  executors,  administrators,  or  assigns  :  And, 
whereas  the  said  E.  F.  did  not  pay  to  the  said  A.  B.  the  said  sum 
of  money,  with  the  interest,  at  the  time  limited  for  payment,  or  at 
any  time  since :  and  the  said  A.  B  hath,  therefore,  in  pursuance 
of  the  authority  so  given  to  him  as  aforesaid,  and  according  to 
the  statute  in  such  case  made  and  provided,  caused  the  premises 
feo  be  advertised  and  sold  at  public  auction;  and  the  same  has  been 

struck  off  to  the  said  C.  I).,  for  ,  being  the  highest  sum  bid 

for  the  same. 

Now,  therefore,  this  indenture  witnesseth,  that  the  said  A.  B.,  in 
pursuance  of  the  power  and  statute  aforesaid,  and  also  for  and  in 

consideration  of  the  said  sum  of ,  to  him  in  hand  paid,  by  the 

said  C.  D.,  at  and  before  the  ensealing  and  delivery  hereof,  the  re- 
ceipt* whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
aliened,  released,  and  confirmed,  and  by  these  presents  doth  grant, 
bargain,  sell,  alien,  release,  and  confirm  unto  the  said  C.  D.,  and  to 
his  heirs  and  assigns  forever,  all  the  farm,  piece,  or  parcel  of  land 
above  mentioned,  together  with  the  hereditaments  and  appurte- 
nances, as  the  same  is  described  and  conveyed  by  said  indenture  of 
mortgage;  and  all  the  estate,  right,  title,  interest,  claim,  and  demand 
at  law  and  in  equity,  of  him  the  said  A.  B.,  and  also  of  the  said 
E.  F.,  as  far  forth  as  the  said  A.  B,  hath  power  to  grant  and  con- 
vey the  same,  of,  in,  and  to  the  premises,  and  every  part  and  parcel 
thereof:  To  have  and  to  hold  the  said  above  granted  and  bargained 
premises,  with  the  appurtenances,  unto  the  said  C.  D.,  his  heira 
and  assigno,  to  the  sole  and  only  proper,  use  and  behoof  of  the 
said  C.  B.,  Lis  heirs  and  assigns,  forever. 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 


Deed  of  Warranty,  with  Release  of  Dowei. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of ,  in  tho 

county  of ,  farmer,  in  consideration  of  '  dollars,  to  me  paid, 

by  C.  D,.  of ,  in  the  county  of ,  merchant,  (the  receipt 

whereof  is  hereby  acknowledged),  do  hereby  give,  grant,  bargain, 
Bell,  and  convey  unto  the  said  0.  I).,  his  heirs  and  assigns,  a  certain 

tract  ^or  parcel  of  land,  situate  in 7  aforesaid,  bounded  and 

described  as  follows,  viz.,  [describe  the  land,]  with  all  the  previ- 
leges  and  appurtenances  thereto  leionging. 

To  have  and  to  hold  the  aforegranted  premises,  to  the  said  C.  D., 
ind  his  heirs  and  assigns,  in  fee  simple  forever;  and  I,  the  said 
A.  B.,  for  myself  and  my  heirs,  executors,  and  administrator^  do 
covenant  with  the  said  C.  D.,  and  his  heirs  and  assigns,  that  I  am 
Lawfully  sewed  in  fee  of  the  aforegranted  premises  ;  that  Uiey  arc 
free  from  all  encumbrances ;  that  I  have  good  right  to  sdl  and 
convey  the  same  to  the  said  0.  IV.  as  aforesaid  and  that  I  will 


*tf  IfOKMS    OF   CONVEYANCES, 

and  my  heira,  executors,  and  administrators,  shall  warrant  aLd  d0 
fend  the  same  to  the  said  C.  D.,  and  his  heirs  and  assigns  forever, 
against  the  lawful  claims  and  demands  of  all  persons.  And  foi 
the  consideration  aforesaid,  and  for  divers  other  good  and  valuable 
considerations,  I,  II.  B.,  wife  of  said  A.  B.,  do  hereby  release  and 
quit-claim,  unto  the  said  C.  D.,  his  heirs  and  assigns,  all  my  right, 
claim,  or  possibility  of  dower,  in  or  out  of  the  afore-described 
premises. 
In  witness,  &c.  fas  in  General  Form  of  Agreement.] 


Deed  of  Quit-Claim,  with  Special  Warranty. 

KNOW  all  men  by  these  presents,  that  I,  John  Sloeum,  of 

in  the  county  of ,  farmer,  in  consideration  of dollars 

to  me  paid,  by  William  Harris,  of ,  in  the  county  of , 

baker,  (the  receipt  whereof  is  hereby  acknowledged,)  do  hereby 
convey,  revise,  release,  and  forever  quit-claim,  unto  the  said  William 
Harris,  his  heirs  and  assigns,  all  that  tract  or  parcel  of  land  situ- 
ate in aforesaid,  bounded  and  described  as  follows,  viz., 

[here  describe  the  land.]  with  all  the  privileges  and  appurtenances 
thereto  belonging. 

To  have  and  to  hold  the  above-released  premises  to  the  said 
William  Harris,  his  heirs  and  assigns,  to  his  and  their  use  and 
behoof  forever.  And  I,  the  said  John  Slocum,  for  myself,  my 
heirs,  executors,  and  administrators,  do  covenant  with  the  said 
William  Harris,  his  heirs  and  assigns,  that  the  premises  are  free 
from  all  encumbrances  made  or  suffered  by  me ;  and  that  I  will, 
and  my  heirs,  executors,  and  administrators,  shall  warrant  and 
defend  the  same  to  the  said  William  Harris,  his  heirs  and  assigns 
forever,  against  the  lawful  claims  and  demands  of  all  persona 
claiming  by,  through,  or  under  me,  but  against  none  other 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 

Deed  of  Mortgage, -with  Proviso  to  keep  Premises  Insured 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of ,  mer 

chant,  in  consideration  of dollars  to  me  paid  by  C.  D.,  of 

,  esquire,  (the  receipt  whereof,  is  hereby  acknowledged,)  do 

hereby  give,  grant,  bargain,  sell,  and  convey  ur.to  the  said  C.  D., 
his  heirs  and  assigns,  a  certain  tract  or  parcel  of  land,  situate  in 

,  bounded  and  described  as  follows,  viz.,  [describe  the  land,] 

with  all  the  privileges  and  appurtenances  thereto  belonging. 

To  have  and  to  hold  the  above-granted  premises  to  the  said  C.  IX, 
his  heirs  and  assigns,  to  his  and  their  use  and  behoof  forever.  And 
I,  the  said  A.  B.,  for  myself  and  my  heirs,  executors,  and  adminio- 
trators,  do  covenant  with  the  said  C.  D.,  his  heirs  and  assigns,  that 
I  am  lawfully  seized  in  fee  simple  of  the  afore-grantod  premises; 


IfOKMS    OF    CONVEYANCES.  49 

that  they  are  free  from  all  encumbrances;  tlwt  1  havo  good  light 
to  sell  and  convey  tho  same  to  the  said  C.  D.,  his  heirs  and  assigns 
forever,  as  aforesaid,  and  that  I  will,  and  my  heirs,  executors,  and 
administrators  shall  warrant  and  defend  the  same  to  the  said  0,  D., 
his  heirs  and  assigns  forever,  against  the  lawful  claims  and  de- 
mands of  all  persons. 

Provided,  nevertheless,  that,  if  the  said  A.  B.,  his  heirs,  execu 
tors,  or  administrators,  shall  pay  unto  the  said  C.  D.,  his  executors, 

administrators,  or  assigns,  the  sum  of dollars  in  three  years 

from  the  date  of  these  presents,  with  interest  on  said  sum,  at  the 
rate  of  six  per  centum  per  annum,  payable  semi-annuall«y,  and, 
until  such  payment,  keep  the  buildings  standing  on  the  land  afore- 
said insured  against  fire,  in  a  sum  not  less  than dollars,  for 

the  benefit  of  the  said  mortgagee  and  his  executors,  administrators, 

and  assigns;  at  such  insurance  office  in as  the  said  C.  D. 

shall  approve;  then  this  deed,  as  also  a  certain  promissory  note 
bearing  even  date  with  these  presents,  signed  by  the  said  A.  B., 
whereby  the  said  A.  B.  promises  to  pay  to  the  said  C.  D.  the  said 
sum  and  interest,  at  the  times  aforesaid,  shall  both  be  absolutely 
void  to  all  intents  and  purposes. 

[And  provided  also,  that,  until  default  of  the  payment  of  the 
Baid  sum  or  interest,  or  other  default,  as  herein  provided,  the  mort- 
gagee shall  have  no  right  to  enter  and  take  possession  of  tho 
premises.] 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 


Deed  to  C.  D.,  to  hold  until  E.  F.  shall  become  of  Age,  and 
then  to  E,  F.  in  Fee ;  or,  if  E.  F.  shall  die  before  the  age 
of  Twenty-one  Years,  then  to  C.  D,  in  Fee. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  in  consid 

eration  of dollars,  to  me  paid,  by  C.  D.,  of ,  &c.,  and 

other  good  and  valuable  considerations,  do  hereby  give,  grant, 
bargain,  sell  and  convey  unto  the  said  C.  D.  and  his  son  E.  F., 

the  following  described  tract  or  parcel  of  land,  situate  in 

r  aforesaid,  bounded  and  described  as  follows,  viz.  [here  describe 
'the  land,]  with  all  the  privileges  and  appurtenances  thereto 
belonging. 

To  have  and  to  hold  the  above-granted  premises  unto  the  said 
C.  I).,  for  and  during  the  minority  of  his  son  E.  F.,  and  until  the 
said  E.  F.  shall  arrive  at  the  age  of  twenty-one  years;  and  unto  the 
said  E.  F.,  and  his  heirs,  to  his  and  their  own  use,  in  case  he  shall 
arrive  at  the  full  age  of  twenty-one  years ;  but  in  case  the  said  E. 
F.  shall  decease  before  he  arrives  at  the  age  of  twenty-one  years, 
then  unto  the  said  C.  D.  and  his  heirs  and  assigns,  to  their  own  uae 
forever. 

In  wiinoss  whsreof,  [as  in  General  Form  qf  Agreement.} 


50  FOMIS    OF    CONVEYANCES. 

Deed  by  a  Guardian  empowered  to  sell  by  Leave  of  Court 

To  all  persons  to  whom  these  presents  shall  come,  D.  P.,  of———, 
guardian  of  A.  B.  and  C.  D.,  minors  and  children  of  T.  W.,  late 

of  said ,  deceased,  sends  greeting : 

WHEREAS,  by  an  order  of  the  Probate  Court,  holden  at , 

within  and  for  the  county  of ,  on  Monday  the day 

of ,  in  the  year ,  the  said  D.  P.,  in  his  capacity  of 

guardian,  as  aforesaid,  was  empowered  and  licensed  to  make  sale 
of  the  whole  of  the  said  minors'  interest,  being  one  undivided 
twelfth  part  each  of  the  real  estate  hereinafter  described;  and 
whereas,  the  said  D.  P.,  having  given  bond  and  taken  the  oath  by 


law  required,  before  fixing  on  the  time  and  place  of  sale,  having 
also  given  public  notice  of  the  said  sale  by  printing  a  notification 

thereof, weeks  successively,  in  the  newspaper  called , 

printed  at ,  did,  on  Monday  the day  of ,  in  the 

year ,  cause  the  said  minors'  interest  to  be  exposed  for  sale, 

pursuant  to  the  said  notice,  at  public  vendue,  on  the  premises,  and 
the  same  was  then  and  there  struck  off  to  T.  B.  T.,  of ,  gen- 
tleman, for  the  sum  of dollars,  he  being  the  highest  bidder 

therefor. 

Now  know  ye,  that  I,  the  said  D.  P.,  in  my  capacity  of  guardian 
as  aforesaid,  by  virtue  of  the  license  aforesaid,  and  in  consideration 

of  the  sum  of dollars,  to  me  paid  by  T.  B.  T.,  of ,  &c., 

(the  receipt  whereof  I  hereby  acknowledge,)  do  hereby  give,  grant, 
bargain,  sell,  and  convey  unto  the  said  T.  B.  T.,  his  heirs  and  as- 
signs, two  undivided  twelfth  parts  of  a  certain  tract  or  parcel  of 

laud,  situate  in ,  bounded  and  described  as  follows,  viz.  [here 

describe  the  land,]  being  the  shares  of  the  said  minors  therein  •  with 
all  thejDrivileges  and  appurtenances  thereunto  belonging. 

To  have  and  to  hold  the  above-granted  premises  to  him  the  said 
T.  B.  T.,  his  heirs  and  assigns,  for  ever.  And  I,  the  said  D.  P.,  for 
myself,  my  executors  and  administrators,  do  covenant  with  the  said 
T.  B.  T.,  his  heirs  and  assigns,  that,  in  making  the  said  sale,  I  h.ive 
in  all  things  observed  the  rules  and  directions  of  the  law ;  and  that 
I  will,  and  my  heirs  shall,  warrant  and  defend  the  granted  premises 
to  the  said  T.  B.  T.,  against  the  lawful  claims  and  demands  of  tho 
said  minors  and  their  heirs,  and  all  persons  claiming  the  same  by, 
through,  or  under  them,  or  either  of  them. 

In  testimony  whereof,  &c.  [as  in  General  Form  of  Agreement] 

Deed  by  an  Administrator  Empowered  to  sell  by  Leave  of 

Court. 

To  all  persons  to  whom  these  presents  shall  come,  T,  A.  B.,  of 

,  in  the  county  of ,  in  the  State  of ,  as  I  am 

an  administrator  of  the  goods  and  estate  which  were  of  C.  I)., 
late  of ,  &c.,  deceased,  intestate,  send  greeting  • 


FORMS    OP    CONVEYANCES.  51 

WHEREAS,  ly  an  order  of  the Court  begun  and  held  at 

,  within  the  county  of ,  on  the day  of-  .., 

last  past,  I;  the  said  A.  B.,  was  licensed  and  empowered  to  sell  and 
pass  deeds  to  convey  the  real  estate  of  the  said  C.  D.,  hereinafter 
described;  and  whereas,  I,  the  said  A.  B.,  having  given  public 
notice  of  the  intended  sale,  by  printhig  a  notification  thereof,  three 

weeks  successively,  in  the  newspaper  called  the ,  printed  in 

,  agreeably  to  the  order  and  direction  of  said  Court,  and 

having  given  the  bond  and  taken  the  oath  by  law  in  such  cases 
required,  previous  to  fixing  upon  the  time  and  place  of  said  sale, 

did,  on  the day  of instant,  pursuant  to  the  license 

and  notice  aforesaid,  sell  by  public  auction  the  real  estate  of  the 

said  C.  D.,  hereinafter  described,  to  E.  F.,  of ,  in  the  county 

of ,  gentleman,  for  the  sum  of dollars,  he  being  the 

highest  bidder  therefor. 

Now,  therefore,  know  ye,  that  I,  the  said  A.  B..  by  virtue  of  the 
power  and  authority  in  me  vested  as  aforesaid,  and  in  consideration 

of  the  aforesaid  sum  of dollars,  to  me  paid  by  the  said  E.  F.,  (the 

receipt  whereof  is  hereby  acknowledged,)  do  hereby  grant,  bargain, 
sell,  and  convey  unto  the  said  E.  F.,  his  heirs  and  assigns,  all  that 

tract  or  parcel  of  land  situate  in ,  bounded  and  described  as 

follows,  viz.  [Here  describe  the  land.] 

To  have  and  to  hold  the  afore-granted  premises  to  the  said  E. 
F.,  his  heirs  and  assigns,  to  his  and  their  use  and  behoof  forever. 
And  I,  the  said  A.  B-j  for  myself,  and  my  heirs,  executors,  and  ad- 
ministrators, do  hereoy  covenant  with  the  said  E.  F.,  his  heirs  and 
assigns,  that,  in  pursuance  of  the  license  aforesaid,  I  took  the  oath 
and  gave  the  bond  by  law  required,  and  gave  public  notice  of  said 
Bale  as  above  set  forth. 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 


Deed  by  an  Administrator  of  an  Estate  which  Ms  Intestate 

had  by  Deed  bound  Himself  to  convey. 

To  all  people  to  whom  these  presents  may  come,  A.  B.,  of,  &c.,  ad- 
ministrator of  the  goods  and  and  estate  which  were  of  Y.  Z., 
late  of,  &c.,  deceased,  intestate,  sends  greeting : 
•WHEREAS,  heretofore,  on  the day  of ,  an  agree- 
ment was  made  between  the  said  intestate  and  0.  P.,  of,  &c.,  whereby 
the  said  Y.  Z.,  on  certain  conditions  in  said  agreement  stated,  en- 
gaged and  bound  himself  by  deed  to  convey  the  estate  in  said 
agreement  described,  to  the  said  0.  P.,  which  said  agreement  waa 
as  follows,  to  wit.  [here  rec-ite  the  agreement ;}  and  whereas  th® 
said  0.  P.  has  fully  eomplied  with  and  performed  all  the  conditions, 
on  his  part,  in  said  agreement  contained,  and,  on  representation 

thereof  to  the  Court  of ,  h olden  at ,  on ,  tho 

said  Court,  by  their  Decree,  did  authorize  and  empower  ma>  th« 


52  FORMS    OF   CONVEYANCES. 

said  administrator,  by  deed,  to  grant  and  convey  the  estate  in  8aid 
agreement  described,  to  the  said  0.  P.,  upon  the  terms  and  condi- 
tions in  said  agrjement  contained  : — 

Now,  therefore,  know  ye,  that,  by  virtue  of  the  authority  and 
decree  by  said  Court,  given  as  aforesaid,  and,  in  order  to  carry  into 
full  effect  the  said  agreement  of  the  said  Y.  Z.,  on  his  part,  that  I, 
the  said  A.  B.,  administrator  as  aforesaid,  in  consideration  of———, 
to  me  in  that  capacity  paid  by  the  said  0.  P.,  (the  receipt  whereof 
I  do  hereby  acknowledge,)  and  in  consideration  that  the  said  0.  P 
has  in  all  things  fulfilled  and  performed  the  conditions,  on  his  part 
in  said  agreement  contained,  have  given,  granted,  sold,  and  assigned; 
and  by  these  presents  I  do  give,  grant,  sell,  and  assign  to  him,  the 
said  0.  P.,  his  heirs  and  assigns,  all  the  said  Y.  Z.'s  right,  title,  and 
interest,  which  he  had,  at  the  time  of  his  decease,  in  and  to  tho 
estate  in  said  agreement  described. 

To  have  and  to  hold  the  same  to  him,  the  said  0.  P.,  his  heirs 
and  assigns,  to  his  and  their  use  and  behoof  forever,  in  as  full  and 
ample  a  manner  as  I,  tho  said  A.  B.,  in  my  capacity  of  administra 
tor  of  said  Y.  Z.,  as  aforesaid,  and  by  force  of  said  decree  and 
authority  or  license  of  said  Court,  am  empowered  to  convey  the 
same. 

in   testimony  whereof,  &c.  [as  in  General  Form  of  Agreement.} 


Deed    by  a  Sheriff  of  an  Equity  of  Eedemption  sold  at 
Auction. 

To  all  persons  to  whom  these  presents  shall  come,  A.  B  ,  of  Bos 
ton,  in  the  county  of  Suffolk,  and  commonwealth  of  Massachusetts, 
gentleman,  a  deputy  sheriff  under  M.  N.,  sheriff  of  said  county ; 
esquire,  sends  greeting: 

Whereas,  I,  the  said  A.  B.,  as  deputy  Sheriff,  as  aforesaid,  OD 

the ,  at  said  Boston,  attached  on  mesne  process,  on  a  suic 

wherein  W.  X.,  of  &c.,  was  plaintiff,  and  Y.  Z.,  of  &c.,  was  defend 
ant,  all  the  right  in  equity  which  the  said  Y.  Z.  then  had  to  redeem 
the  real  estate  hereinafter  described;  and,  whereas,  by  considera- 
tion of  the  justices  of  the  court  of ,  holden  at  Boston,  within 

and  for  the  said  county  of  Suffolk,  on ,  the  said  W.  X.  recov 

ored  judgment  against  the  said  Y.  Z.,  for  the  sum  of ,  debt  01 

damage,  and  costs  of  suit  taxed  at  the  sum  of .  on  which  judg 

ment,  by  order  of  said  court,  a  writ  of  execution  was  issued  on  the 

day  of -,  directed  to  me,  the  said  A%  B.,  to  be  levied, 

satisfied,  and  executed  •  and,  whereas,  by  virtue  of  said  writ  of  exe- 
cution, and  in  order  to  satisfy  the  same,  I  did  afterwards,  on  tho 

day  of ,  take  and  seize  the  right  in  equity  of  the  said 

Y.  Z.,  of  redeeming  the  following  described  real  estate,  to  wit,  &c., 

[describe  the  estate}]  and,  whereas,  afterwards,  on  the day  of 

»•  ,  having  given  due  notice  to  the  said  Y.  Z.,  and  having  dulj 


FORMS    OF  CONVEYANCES.  53 

advertised  the  premises  according  to  law,  in  due  form,  I  sold  the 
same  at  public  auction  to  0.  P.,  of  &c.,  who  was  the  highsst  bidder 
fciierefor,  and  the  purchaser  thereof  at  said  sale,  for  the  sum  of 
— . — ,  which  was  the.  greatest  sum  then  and  there  bid  therefor. 

Now,  therefore,  know  ye,  that  I,  the  said  A.  B.,  in  my  capacity 
of  deputy  sheriff  as  aforesaid,  in  consideration  of  the  said  sum  of 

,  to  me  paid  by  the  said  0.  P.,  (the  receipt  whereof  is  hereby 

acknowledged,)  have  bargained,  granted,  sold  and  conveyed,  and 
by  these  presents  I  do  bargain,  grant,  sell,  and  convey  to  the  said 
0.  P.,  all  the  right  which  the  said  Y.  Z.,  at  the  said  time  of  said 
attachment,  had  of  redeeming  the  before-described  estate,  and  every 
parcel  thereof. 

To  have  and  to  hold  the  same,  to  him,  the  said  O.  P.,  his  heirs, 
executors,  administrators,  and  assigns,  to  his  and  their  use  and 
behoof  for  ever;  subject,  nevertheless,  to  the  said  Y.  Z.'s  right  of 
redeeming  the  same.  And  I,  the  said  A.  B.,  do  covenant  with  the 
said  0.  P.,  as  aforesaid,  that,  in  making  the  said  attachment  and 
gale,  and  in  every  thing  the  same  concerning,  I  have  complied  with, 
observed,  and  obeyed  all  the  rules  and  requisitions  in  law  foi 
attaching,  and  on  execution  making  sales  of,  rights  in  equity  to 
redeem  real  estate. 

In  testimony,  &c.  [as  in  General  Form  of  Agreement.] 


Short  Form  of  B  Deed  with  fall  Covenants. 

KNOW  all  men  by  these  presents,  that  we,  John  Doe,  and  Mary 
his  wife,  of  the  town  of  Dover,  in  the  county  of  Dutchess,  fjr  and 
in  consideration  of  the  sum  of  fifty  dollars,  to  us  in  hand  now  here 
paid,  have  granted,  bargained,  sold,  and  by  these  presents  do 
grant,  bargain,  sell,  and  convey  unto  John  Smith,  of  the  samo 
place,  all  that  certain  parcel  of  land,  situate  in  the  said  town  of 
Dover,  and  described  as  follows  :  (or,  which,  in  a  deed  of  convey- 
ance, made  by  Richard  Roe  to  the  said  John  Doe,  dated  the 

day  of ,  in   the  year  ,   was  described  as  follows :) 

[here  insert  boundaries;]  with  all  the  appurtenances,  and  all  tho 
right,  title,  interest,  claim,  and  demand  of  us,  or  either  of  us,  in 
the  premises ;  to  have  and  to  hold  the  eame,  with  the  appurtenan- 
ces, unto  the  said  John  Smith,  and  his  heirs,  in  fee  pimple,  forever. 
And  I,  the  said  John  Doe,  for  myself  and  my  heirs,  do  hereby 
'covenant  and  agree,  to  and  with  the  said  John  Smith,  and  his 
heirs  aud  assigns,  that  I  am  now  the  owner  of  the  said  premises, 
and  am  seized  of  a  good  and  indefeasible  estate  of  inheritance 
therein,  and  thtit  I  have  full  right  and  power  to  sell  and  3onvey 
the  same  hv  fee  simple  absolute  f  that  the  said  premises  are  free 
and  clear  of  all  incumbrances;  that  the  said  John  Smith,  his  heirs 
assigns,  may  forever  hereafter,  have,  hold,  possets,  an1  er"  ^* 
,  without  any  suit,  molestation,  or  interruption,  by  any  per- 


54  FORMS   OF    CONVEYANCES. 

son  whatever,  lawfully  claiming  any  right  therein  and  that  I, 
the  said  John  Doe,  and  all  persons  hereafter  claiming  under  me. 
will  at  any  time  hereafter,  at  the  request  and  expense  of  the  said 
John  Smith,  his  heirs  or  assigns,  make  all  such  further  assurances 
for  the  more  effectual  conveying  of  the  said  premises,  with  the 
appurtenances,  as  maybe  reasonably  required  by  him  or  them; 
and  that  I,  the  said  John  Doe,  and  my  heirs,  will  warrant  and  de- 
fend the  said  premises,  with  the  appurtenances,  unto  the  said  John 
Smith,  and  his  heirs  and  assigns,  forever. 
In  testimony,  &c.  [as  in  General  Form  of  Agreement.] 


Deed  by  Executors  under  an  Authority  in  a  Will. 

To  all  persons  to  whom  these  presents  shall  come,  we,  A.  B.  and 
C.  D.,  both  of,  &c.,  executors  of  the  last  will  and  testament  of  Y.  Z., 
late  of,  £c.,  deceased,  testate,  send  greeting : 

Whereas,  the  said  Y.  Z.,  in  order  to  enable  his  said  executors 
fully  to  carry  into  effect  his  intentions,  did,  in  and  by  his  last  will 
and  testament,  authorize  and  empower  his  said  executors,  in  any 
manner  which  they  should  deem  proper,  to  make  sale  of  and  exe- 
cute and  deliver  deeds  to  convey,  all  his,  the  said  testator's  real 
estate : 

Now,  therefore,  know  ye,  that  by  virtue  and  authority  to  us 

flven  by  said  Y.  Z.,  in  his  last  will  and  testament,  we,  the  said 
.  B.  and  C.  D.,  executors  as  aforesaid,  in  consideration  of  the 

sum  of ,  to  us  paid  by  0.  P.,  of,  &c.,  (the  receipt  whereof  is 

hereby  acknowl edged,)  have  given,  granted,  bargained,  sold  and 
conveyed,  and  by  these  presents  we  do  give,  grant,  bargain,  sell, 
and  convey,  unto  the  said  0.  P.,  his  heirs  and  assigns,  the  follow- 
ing described  parcels  of  real  estate,  which  was  the  property  of 
the  said  Y.  Z.,  situate  in ,  and  bounded  and  described  as  fol- 
lows, to  wit :  &e. 

To  have  and  to  hold  the  aforegranted  premises  to  him;  the  said  O 
J*.,  his  heirs  and  assigns,  to  his  and  their  use  and  behoof  forever.  And 
we,  tho  said  A.  B.  and  C.  D.,  do  covenant  with  the  said  O.  P.,  his 
heirs  and  assigns,  that  we  are  lawfully  the  executors  of  the  last 
will  and  testament  of  said  Y.  Z ;  and  that  we  have  not  made  or 
suffered  any  incumbrance  on  the  hereby -granted  premises,  since  wo 
were  appointed  executors  of  said  Y.  Z. ;  and  that  we  have  in  aV 
respects  acted,  in  making  this  conveyance,  in  pursuance  of  the  au- 
thority granted  to  us  in  and  by  the  said  last  will  and  testament  ot 
the  said  Y.  Z. 

In  testimony  &c.  [as  in  General  Form  of  Agreemint.* 


FORMS    OF  CONVEYANCES.  55 

\ 

Deed  of  a  Eight  of  Way  and  Brain. 

WHEREAS,  II.  S.  and  T.  L.,  both  of ,  in  the  county  of , 

housewrights,  are  the  joint  owners  of  a  lot  of  land,  with  a  dwel- 
ling-house and  appurtenances,  fronting  northerly  on street,  in 

said ,  and  E.  B.  N.,  of  said ,  mason,  is  the  owner  of  a  lot 

of  land  and  house,  also  fronting  northerly  on  said  street,  and  ad- 
joining the  house  of  the  said  S.  and  L.,  on  the  easterly  side  there- 
of, and  an  agreement  has  been  made  between  the  said  S.  and  L. 
and  the  said  N.,  by  which  the  said  S.  and  L.  have  agreed  to  grant 
to  said  N..  his  heirs  and  assigns,  being  the  owner  of  said  land  and 
house,  a  right  of  way  in  and  over  a  part  of  their  premises,  and  a 
right  of  drain  through  and  under  the  same  : 

Now,  therefore,  know  all  men  by  these  presents,  that  we,  the 
said  H.  S.  and  T.  L.,  in  pursuance  of  the  said  agreement,  and  in 

consideration  of  the  sum  of dollars,  to  us  paid  by  the  said  E. 

B.  N.,  do  hereby  give,  grant,  sell,  and  convey  unto  the  said  E.  B. 
N.,  and  his  heirs  and  assigns,  a  right  of  way  in  and  over  a  certain 
strip  of  land  on  the  easterly  side  of  our,  the  said  S.  and  L.7s  land, 
for  him  the  said  N.,  his  tenants,  servants,  heirs,  and  assigns,  at  all 

times  to  pass  arid  repass  from street  aforesaid  to  the  rear  of 

the  said  N.;s  land,  and  from  the  rear  of  said  house  to  said  street, 

the  said  strip  of  land  being  of  the  width  of feet,  and  of  the 

length  of feet,  and  running  from  said street  to  the' real 

of  said  land  of  said  S.  and  L. ;  and  the  said  way  is  and  shall  be 

forever  of  said  dimensions,  and  of  the  height  of feet;    and 

also,  for  the  consideration  above  mentioned  the  said  S.  and  L.  do 
hereby  give,  grant,  sell  and  convey  to  the  said  N.,  his  heirs  and 
assigns,  the  right  to  enter  a  drain  from  his  said  land  into  the  drain 
now  running  under  the  said  strip  of  land,  to  be  used  as  a  passage- 
way as  aforesaid,  and  the  same  to  use  as  a  sewer  or  drain  from 

said  N.'s  land  to  the  common  sewer  in street ;  the  said  N., 

and  his  heirs  and  assigns,  at  all  times  paying  their  just  proportion 
of  the  expenses  of  cleaning  and  repairing  the  same. 

To  have  and  to  hold  the  said  easements  and  privileges  to  him, 
the  said  N.,  his  heirs  and  assigns  forever,  as  appurtenances  to  his 
and  their  said  land  and  house  above  described. 

[Add  covenants  of  seisin,  right  to  sell,  and  warranty.] 


Deed  of  a  Water-Course. 

THIS  indenture,  made,  &c.  [Here  insert  the  parties.}  Whereas 
the  said  A.  B.  and  C.  D.,  at  the  time  of  the  sealing  and  delivery  of 
these  presents,  are  respectfully  seized  in  fee  of  and  in  two  contiguous 
tracts,  pieces,  or  parcels  of  land,  with  the  appurtenances,  in  the 

township  of ,  aforesaid ;  and,  whereas,  there   is  a   dam    and 

race,  or  water-course,  erected  and  made  in  and  upon  a  certain  rua 
w  stream  of  water  (called ,)  within  the  land  of  the  said  A.  K, 


56  FORMS   OP   CONVEYANCES. 

for  watering,  overflowing,  and  improving  meadow  ground  thereon; 
now  this  indenture  witnesses :  That  said  A.  B.,  for  divers  good 
causes  and  considerations,  and  more  especially  for  and  in  consider- 
ation of  the  sum  of  one  dollar,  to  him  paid  by  the  said  C.  D.,  at  or 
before  the  sealing  and  delivery  hereof,  (the  receipt  whereof  ho 
does  hereby  acknowledge,)  has  granted,  bargained,  sold,  released, 
and  confirmed,  and  by  these  presents  does  grant,  bargain,  sell,  re- 
lease, and  confirm,  unto  the  said  C.  D.,  and  to  his  heirs  and  as- 
signs, all  the  water  of  the  said  run  or  stream  of  water,  to  be  led 
and  conveyed  from  the  said  dam,  along  the  race  or  water-course 
aforesaid,  into  the  said  land  of  the  said  C.  D.,  for  the  space  of  four 
days  in  every  week,  to  wit :  from  Tuesday  evening  at  sunset,  to 
Saturday  evening  at  sunset,  from  the  first  day  of  April  to  the  first 
day  of  October,  yearly  and  every  year,  for  the  watering,  overflow- 
ing, and  improving  of  meadow  ground  on  the  land  of  the  said  C. 
D.,  together  with  free  ingress,  egress,  and  regress,  to  and  for  the 
said  C.  D.,  his  heirs  and  assigns,  and  his  and  their  workmen,  with 
horses,  carts,  and  carriages,  at  all  convenient  times  and  sea- 
sons, through  the  land  of  the  said  A.  B.,  his  heirs  and  assigns,  in 
and  along  the  banks  of  the  said  dam  and  race,  or  water- course,  for 
the  amending,  cleaning,  and  repairing  the  same,  with  liberty  and 
privilege,  for  that,  purpose,  to  dig  and  take  stones  and  earth  from 
the  adjacent  land  of  the  said  A.  B.,  when  and  as  often  as  need  be, 
or  occasion  require.  To  have  and  to  hold,  all  and  singular,  the 
premises  and  privileges  hereby  granted  or  mentioned,  or  intended 
BO  to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  to  the  only 
proper  use  and  behoof  of  the  said  0.  D.,  his  heirs  and  assigns  for- 
ever, he  or  they  paying  one  moiety  or  half  part  of  the  expenses, 
which  from  time  to  time  may  accrue,  in  supporting,  cleansing,  and 
repairing  the  dam  and  water-course  aforesaid. 

In  witness,  &c.;  fas  in  General  Form  of  Agreement.] 


Sheriff's  Certificate  of  the  Sale  of  Real  Estate. 

SUPREME  COURT.  ^ 

E.  P.  vs.  C.  D.     $ 

I,  A.  B.,  Sheriff  of  the  county  of ,  do  certify,  that  by  virtuo 

of  an  execution  in  the  above  cause,  tested  the day  of  — — ,  in 

the  year ,  by  which  I  was  commanded  to  make  of  the  goods 

and  chattels  of  C.  D.,  in  my  bailiwick, dollars,  which  E.  P 

had  recovered  against  him  in  the  said  Court,  for  his  damages,  which 
he  had  sustained  as  well  by  reason  of  the  not  performing  certain 
promises  as  for  his  costs  and  charges,  and  if  sufficient  goods  and 
chattels  could  not  be  found,  that  then  I  should  cause  the  said 
damages  to  be  made  of  the  real  estate  which  the  said  C.  D  had 
on  the  — - •—  day  of ,  in  the  year ,  or  at  any  time  after- 
wards, in  whose  hands  soever  tho  fiaine  might  be,  as  by  the  said 


FORMS    OF    CONVEYANCES.  67 

writ  of  execution,  reference  being  thereunto  had,  mi.  ire  fully  ap« 
pears  ;  I  have  levied  on  and  this  day  sold,  at  public  vendue,  ac- 
cording to  the  statute  in  such  case  made  and  provided,  to  G.  H. 

who  was  the  highest  bidder,  for  the  sum  of dollars,  which 

was  the  whole  consideration,  the  real  estate  described  in  the  an- 
nexed notice,  (or  "  the  real  estate  described  as  follows:") — [Insert 
description.] 

And  that  the  said  sale  will  become  absolute  at  the  expiration  of 
fifteen  calendar  months  from  this  day,  at  which  time  the  purchaser 
will  be  entitled  to  a  conveyance  pursuant  to  law,  unless  the  said 
lands  shall  be  redeemed  or  purchased  from  him. 

Given  under  my  hand,  this  first  day  of  January,  i860. 

A.  B.,  Sheriff  of  the  County  of 

NOTE.— If  the  real  estate  be  sold  in  separate  parcels,  the  certificate  must  specify 
the  price  old  for  each  distinct  lot  or  parcel 

The  recital  of  the  execution  in  the  Sheriff's  certificate  is  not  necessary  to  its 
validity  ;  but  it  is  advisable  to  recite  as  much  of  the  execution  as  is  usually  set 
forth  iu  the  Sheriff's  deed  :  in  order  that,  if  the  execution  be  returned,  the  deed 
may  be  drawn  from  the  certificate. 

Sheriff's  Deed  to  the  Purchaser. 

To  all  to  whom  these  presents  shall  come,  I,  A.  B.,  Sheriff  of  the 

County  of ,  send  greeting: — Whereas,  by  a  writ  of  execution, 

issued  out  of  the  Supreme  Court  of  the  State  of  New- York,  to  me 

directed  and  delivered,  tested  the day  of ,  in  the  year 

,  I  was  commanded  to  make  of  the  goods  and  chattels  of  C. 

D.,  in  my  bailiwick, dollars,  which  E.  F.  had  recovered  against 

him  in  the  said  Court,  for  his  damages,  "which  he  had  sustained  as 
well  by  reason  of  the  not  performing  certain  promises  as  for  hi& 
costs  and  charges,  and  that  if  sufficient  goods  and  chattels  could 
not  be  found,  that  then  I  should  cause  the  said  damages  to  be  made 

of  the  real  estate,  which  the  said  C.  D.  had  on  the day  of , 

in  the  year ,  or  at  any  time  afterwards,  in  whose  hands  soever 

the  same  might  be,  as  by  the  said  writ  of  execution,  reference  be- 
ing thereunto  had,  more  fully  appears.  And,  whereas,  after  tho 
coming  of  the  said  writ  to  me,  and  before  the  day  of  the  return 
thereof,  I  did,  by  virtue  of  the  said  writ,  seize  and  take  tho  lands 
hereinafter  particularly  described,  and  have,  for  want  of  goods  and 
chattels  in  my  bailiwick,  of  the  said  C.  D.,  to  satisfy  the  said  dam- 
ages, sold  the  said  lands,  as  is  hereinafter  mentioned,  at  public 
auction,  according  to  the  statute  in  such  case  provided,  to  G.  H., 
for dollars,  being  the  highest  sum  bid  for  the  same. 

And,  whereas,  upon  the  said  sale,  I  made  out  and  subscribed 
duplicate  certificates  thereof,  containing  a  particular  description 
of  the  premises  sold,  the  price  bid  for  the  same,  (or  "  for  each  dis- 
tinct parcel  thereof,"  if  sold  in  parcels,)  the  whole  consideration 
money  paid,  and  the  time  when  such  sale  would  become  absolute, 
and  the  purchaser  would  be  entitled  to  a  convevanco  pursuant  to 


58  FORMS  OF    CONVEYANCES. 

law  j  one  of  which  duplicate  certificates  was,  within  ten  days  after 
the  sale  of  the  said  lands,  filed  in  the  office  of  the  Clerk  of  the  said 
County  of ,  and  the. other  was  delivered  to  the  said  purchaser. 

And,  whereas,  the  said  premises,  after  the  expiration  of  fifteen 
months  from  the  time  of  the  said  sale,  remained  unredeemed,  and 
no  creditor  of  the  said  C.  D.  hath  acquired  the  right  or  title  of  the 
said  purchaser,  according  to  the  statute  in  such  case  made  and  pro- 
vided: Now,  therefore,  know  ye,  that  I,  the  said  A.  B.,  the  Sheriff 
aforesaid,  by  virtue  of  the  said  writ  of  execution,  and  of  the  stat- 
utes in  such  case  made  and  provided,  in  consideration  of  the  said 

sum  of ,  to  me  in  hand  paid  bv  the  said  G.  IL,  the  receipt 

whereof  is  hereby  acknowledged,  have  granted,  bargained,  and 
sold,  and  by  these  presents  do  grant,  bargain,  and  sell,  unto  the 

said  G.  II.,  and  to  his  heirs  and  assigns,  forever,  all ,  [insert 

boundaries,]  with  its  appurtenances,  and  all  the  estate,  right,  title, 
and  interest,  which  the  said  C.  D.  had  in  the  said  tract,  piece,  and 

parcel  of  land,  on  the  said day  of ,  in  the  year ,  or 

at  any  time  since,  or  now  hath :  To  have  and  to  hold  the  said  land 
and  premises,  and  every  part  thereof,  with  the  appurtenances,  unto 
the  said  G.  II ,  his  heirs  and  assigns,  forever,  as  fully  and  absolutely 
as  I,  the  said  A.  B.,  as  Sheriff  aforesaid,  and  under  the  authority 
aforesaid,  might,  could,  or  ought  to  sell  and  convey  the  same. 

In  witness,  &c.,  [as  in  General  Form  of  Agreement.] 


Affidavit  to  entitle  a  Creditor  to  acquire  the  Title  of  the 
Original  Purchaser  at  a  Sheriff's  Sale. 

Dutchess  County,  ss. 

JOHN  SMITH,  a  creditor  (or  "  0.  P.,  attorney"  or  "  agent  of  John 
Smith,  a  creditor")  of  C.  D.,  named  in  the  copy  of  the  docket  of 
judgment  hereto  annexed,  being  sworn,  saith,  that  the  true  sum  due 
on  said  judgment,now,  at  the  time  of  claiming  the  right  to  acquire 
the  title  of  G.  II.,  the  original  purchaser  at  the  Sheriff's!  sale  of 

the  estate  of  C.  D.,  is dollars  and cents. 

JOHN  SMITH. 

Sworn,  this day  '/f ,  before  me. 


Deed  of  Release. 

THIS  Indenture,  made between  A.  B.  of ,  of  the  ono 

part,  and  C.  D.,  of ,  of  the  other  part,  Witnesseth,  That  the 

eaid  A.  B.,  for,  and  in  consideration  of  the  sum  of — —  to  him  the 
said  A-  B.  in  hand,  well  and  truly  paid,  at,  or  before  the  enseal- 
ing  and  delivery  of  these  presents,  the  receipt  whereof,  he,  the 
said  A.  B.,  doth  hereby  acknowledge,  and  thereof,  and  from  every 
part  and  parcel  thereof  doth  release,  and  forever  discharge  the 
said  C  D.,  his  heirs,  executors,  and  administrators,  and  c^cry  of 


FORMS    OF    CONVEYANCES  59 

them  by  these  presents,  hath  granted,  bargained,  sold,  aliened,  re- 
leased, and  confirmed,  and  by  these  presents  doth  grant,  bargain, 
Bell,  alien,  release,  and  confirm  unto  the  said  C  D.,  (in  his  actual 
possession  now  being,  by  virtue  of  a  bargain  and  sale  to  him  there- 
of made,  for  one  whole  year,  by  indenture,  bearing  date  the  day 
next  before  the  day  of  the  date  of  these  presents,  and  by  force  of 
the  statute  made  for  the  transferring  of  uses  into  possession  :)  and 
to  his  heirs  and  assigns,  all  that  messuage,  &c.,  together  with  all 
easements,  profits,  commodities,  advantages,  emoluments,  and  here- 
ditaments whatsoever,  to  the  same  belonging,  or  in  any  wise  apper- 
taining, or,  which,  to?  and  with  the  same  now  are,  or  at  any  times 
heretofore  have  been  held,  used,  occupied,  accepted,  reputed,  taken, 
or 'known,  as  part,  parcel,  or  member  thereof,  or  of  any  part  there- 
of; and  the  reversion  and  reversions,  remainder  and  remainders, 
rents,  issues,  and  profits,  of  all  and  singular,  the  said  premises,  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  and  also  all 
the  estate,  right,  title,  interest,  property,  claim,  and  demand  what- 
soever, in  law  or  equity,  of  him  the  said  A.  B.,  of,  in,  and  to  all, 
and  singular,  the  said  premises  above  mentioned,  and  of,  in,  and  to 
every  part  and  parcel  thereof,  with  the  appurtenances,  To  have 
and  to  hold  all  and  singular,  the  said  messuage,  or  tenements,  lands, 
hereditaments,  and  premises  above,  in  and  by  these  presents,  re- 
leased, and  confirmed,  and  every  part  and  parcel  thereof,  with  the 
appurtenances,  unto  the  said  C/I).,  his  heirs,  and  assigns  forever  to 
the  only  proper  use  and  behoof  of  the  said  C.  D.,  his  heirs,  and 
assigns  forever ;  (or  to,  and  for  such  intents  and  purposes  as  are 
hereinafter  mentioned,  expressed,  and  declared  of,  and  concerning 
the  same,  that  is  to  say  :  [expressing  the  uses  at  large.] 
[For  the  covenants,  see  deed  with  full  covenants.] 


Deed  of  Confirmation  from  a  Person  on  attaining  the  Age  of 
Twenty-one  Years,  who  was  made  a  Party  to  a  Convey- 
ance before  he  was  of  Age,  To  be  endorsed  on  Convey- 
ance. 

MEMORANDUM,  That  the  within  named  C.  D.  was  not  of  age,  a 
the  time  of  making  the  within  written  Indenture,  but  hatli"no-ft 
attained  his  full  age  of  twenty-one  years ;  and  did  on  this  — — - 
day  of ,  seal  and  deliver  this  present  Indenture,  in  the  pres- 
ence of 

DEED. 

This  Indenture,  made,  &c.,  between  C.  D.,  of,  &c.,  a  son,  and  ono 
of  the  heirs  of  E.  D.,  deceased,  of  the  one  part,  and  A.  B.,  of,  £c., 
of  the  other  part.  Whereas,  by  a  certain  deed  of  bargain  and  sale, 
bearing  date  on  or  about,  &c.,  and  made  between  E.  F.  and  the 
Baid  C.  D.,  of  the  one  part,  and  the  said  A.  B.,  of  the  other  part 


60  FORMS    OF   CONVEYANCES. 

Ihr  the  consideration  of  five  hundred  dollars,  the  several  messuages 
or  tenements  therein  mentioned,  and  hereinafter  intended  to  bo 
released,  and  confirmed,  are  thereby  granted  and  conveyed,  or 
intended  so  to  be,  unto  and  to  the  use  of  the  said  A.  B.,  his  heirs 
and  assigns,  forever,  as  by  the  said  indenture  of  bargain  and  sale, 
relation  being  thereunto  had,  may  more  fully  appear:  And,  where- 
as, the  said  C.  D.,  at  the  time  of  the  date  and  making  the  said  in 
part  recited  Indenture  of  bargain  and  sale,  was  not  of  the  age  of 
twenty-one  years,  but  hath  since  attained  to  such  his  age  of  twenty- 
one  years,  and  hath  this  day ,  before  the  execution  of  these 

presents,  duly  sealed  and  delivered  the  said  in  part  recited  Inden- 
ture of  bargain  and  sale :  Now  this  Indenture  Witnesseth,  That  aa 
well  in  performance  of  a  covenant  for  further  assurance  in  the  said 
Indenture  of  bargain  and  sale  contained,  as  also  for  and  in  con- 
sideration of  the  sum  of dollars,  to  him  the  said  C.  D.  in  hand 

paid  by  the  said  A.  B.,  at  and  before  the  ensealing,  &c.,  being  his 
full  part  and  share  of,  and  in  the  before  mentioned  sum  of  five 
hundred  dollars,  agreed  to  be  paid  for  the  purchase  of  the  said 
messuage,  tenements,  and  hereditaments,  the  receipt  whereof  he  tho 
said  C.  D.  doth  hereby  acknowledge,  ho  the  said  C.  D.  hath  re- 
mised, released,  aliened,  and  quit-claimed,  and  by  these  presents 
doth  absolutely  remise,  release,  alien,  and  forever  quit-claim,  and 
confirm  unto  the  said  A.  B.,  in  his  actual  possession  now  being  by 
virtue  of  the  before  mentioned  Indenture  of  bargain  and  sale,  and 
to  his  heirs  and  assigns,  all,  &c.  To  have  and  to  hold  unto,  and 
to  the  use  of  the  said  A.  B.,  his  heirs  and  assigns,  forever.  [Insert 
a  covenant  that  he  has  done  no  act  to  encumber,  except,  fyc.,  and  for 
further  assurance,  fyc.] 
la  witness,  &c.,  [as  in  General  Form  of  Agreement.] 


Deed  of  Gift. 

THIS  Indenture,  made,  &c.  between  E.  P.,  of ,  of  the  one 

part,  and  G.  II.,  son  of  the  said  E.  F.,  of  the  other  part,  Witnesseth, 
That  the  said  E.  F..  as  well  for  and  in  consideration  of  the  natural 
love  and  affection  which  he,  the  said  E.  P.,  hath  and  beareth  unto 
the  said  G.  II.,  as  also  for  the  better  maintenance,  support,  and 
livelihood  of  him,  'the  said  G.  H.,  hath  given,  granted,  aliened,  en- 
feoffed,  and  confirmed,  and  by  these  presents  doth  give,  grant,  alien, 
enfeoff,  and  confirm,  unto  the  said  G.  H.,  his  heirs,  and  assigns,  all 
that  messuage,  &c.  Together  with  all  and  singular,  the  hereditaments 
and  appurtenances  thereunto  belonging,  or  in  anywise  appertaining  j 
and  the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues,  and  profits  thereof,  and  all  tho  estate,  right,  title,  interest, 
property,  claim,  and  demand  whatsoever,  of  him  the  said  D.  F.,  ofj 
in,  and  to  the  said  messuage,  tenements,  and  premises,  and  of,  in, 
and  to  every  part  and  parcel  thereof,  with  their,  and  every  of  their 


OF    CONVEYANCES.  61 

appurtenances  :  To  have  and  to  hold  the  said  messuage,  tenements, 
hereditaments,  and  all  and  singular,  the  premises  hereby  granted 
and  confirmed,  or  mentioned,  or  intended  so  to  he,  with  their,  and 
every  of  their  appurtenances,  unto  the  said  G.  II.,  his  heirs,  and  as- 
signs to  the  only  proper  use  and  behoof  of  him  the  said  G  II.,  his 
heirs  and  assigns,  forever.  And  the  said  E.  F.,  for  himself,  hia 
heirs,  executors,  and  administrators,  doth  covenant,  grant,  and  agree, 
to  and  with  the  said  G.  II.,  his  heirs,  and  assigns,  by  these  presents, 
that  he,  the  said  G.  II.,  his  heirs,  and  assigns,  shall,  and  lawfully 
may,  from  time  to  time,  and  at  all  times  hereafter,  peaceably  and 
quietly  have,  hold,  use,  occupy,  possess,  and  enjoy  the  said 
messuage,  farm,  lands,  tenements,  hereditaments,  and  premises 
hereby  granted  and  confirmed,  or  mentioned,  or  intended  to  bo  here- 
by granted  and  confirmed,  with  their,  and  every  of  their  appurten- 
ances, free,  clear,  and  fully  discharged,  or  well  and  sufiiciently 
Saved,  kept  harmless,  and  indemnified  of,  from,  and  against  all  for- 
mer and  other  gifts,  grants,  bargains,  sales,  jointures,  feoffments. 
dowers,  and  estates,  and  of,  from,  and  against  all  former  and  other 
titles,  troubles,  charges,  and  encumbrances  whatsoever,  had,  done, 
or  suifered,  or  to  be  had,  made,  done,  or  suffered,  by  him  tho  said 
E.  F.,  his  heirs,  or  assigns,  or  any  other  person  or  persons,  lawfully 
claiming,  or  to  claim,  by,  from,  or  under  him,  them,  or  any  of  them. 
In  witness,  &c.;  [as  in  General  Form  of  Agreement.] 


Deed  of  Partition  of  Lands  Descended. 

THIS  Indenture,  made  the  day  of ,  in  the  year  . 

between  A.  B.,  of,  &c.,  and  C.,  his  wife,  one  of  the  daughters  and 
heirs  of  D.  E.,  late  of,  &c.;  of  the  one  part,  and  F.  G.,  widow,  sister 
of  the  said  C..  another  of  the  daughters  and  heirs  of  the  said 
D.  E.,  of  the  other  part,.  Witnesseth,  That  it  is  covenanted,  granted, 
and  agreed,  between  the  parties  for  the  partition,  to  be  had  and 
made  of  the  inheritance  of  the  lands,  tenements,  and  here- 
ditaments, which  descended  to  the  said  A.  F.,  in  coparcenary,  by 
and  after  the  death  of  their  father,  the  said  D.  E.,  m  manner  and 
form  following.  First,  it  is  covenanted  and  granted,  between  the 
said  parties,  and  the  said  F.  doth  grant,  by  these  presents,  that  tho 
Baid  A.  B.,  and  C.,  his  wife,  in  the  right  of  the  said  C.,  shall  have, 
for  their  part  and  purparty  of  the  aforesaid  lands,  tenements,  and 
hereditaments,  all,  &c.,  [describing  the  share,]  which  the  said  A.  B. 
and  C.,  his  wife,  as  in  the  right  of  the  said  C.  shall  have  and  en- 
joy, to  her  and  her  heirs,  in  full  recompense  and  allowance  of 
and  for  her  part,  and  purparty.  that  to  her  belongeth,  or  ought  to 
belong,  of  all  the  said  lands,  tenements,  and  hereditaments,  by  and 
after  the  decease  of  the  said  D.  E.,  as  one  of  his  daughters,  and 
hoirs.  Second,  it  is  in  like  manner  covenanted  and  ^  granted  be- 
tween the  said  parties,  and  the  said  A.  B.,  and  C.,  his  wife,  dotb 


62  FORMS    OF    CONVEYANCES. 

grant  by  tlieso  presents,  that  the  said  F.  shall  have,  for  hor  part 
and  purparty  of  the  aforesaid  lands,  tenements,  and  hereditaments, 
all,  &c.,  [describing  the  share,]  which  the  said  F.  shall  have  and  en- 
joy to  her  and  her  heirs,  £e.,  [as  before,] 

In  witness,  &c.,  [as  in  General  Form  of  Agreement.] 


Deed  of  Partition  between  Tenants  in  Common. 

THIS  Indenture,  made,  &c.,  between  A.  B.,  of,  &c.,  of  the  one 
part,  and  C.  D.,  of,  &c.,  of  the  other  part,  Witnessetk,  That,  where- 
as, they,  the  said  A.  B.  and  C.  D.;  have,  and  hold  in  common,  and 
as  tenants  in  common,  in  equal  parts,  all,  &c.  It  is  covenanted, 
granted,  concluded,  and  agreed,  by  and  between  the  said  parties, 
and  each  of  them,  covenants,  grants,  concludes,  and  agrees,  for  him- 
self, his  heirs,  and  assigns,  that  a  partition  of  the  said  lands,  and 
other  premises,  in  manner  and  form  following,  that  is  to  say  : 

First,  the  said  A.  B. 'shall,  from  henceforth,  have,  hold,  possess, 
and  enjoy,  in  severalty  by  himself,  and  to  him,  and  his  heirs,  and 
assigns,  for  his  half  part,  purparty,  share,  and  proportion,  of  tho 
said  lands  and  premises,  all,  &c.  Together  with  all  and  singular, 
the  hereditaments  and  appurtenances  thereunto  belonging,  and  tho 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues, 
and  profits  thereof. 

And  the  said  C.  D.  doth  accordingly  give,  grant,  release,  and 
confirm  unto  the  said  A.  B.,  his  heirs,  and  assigns,  the  lands  and 
premises  so  as  aforesaid  set  apart  to  the  said  A.  B.,  as  and  for  his 
part  and  share  aforesaid  :  and,  moreover,  the  said  C.  D.,  for  him- 
self, his  heirs,  executors,  and  administrators,  doth  hereby  covenant 
to  and  with  the  said  A.  B.,  his  heirs,  and  assigns,  that  he,  the  said 
A.  B..  his  heirs,  and  assigns,  shall,  and  may,  from  time  to  time,  and 
at  all  times  hereafter,  well  and  peaceably  have,  hold,  possess,  and  en- 
joy the  lands  and  premises  herein  before  assigned  and  conveyed  to 
the  said  A.  B.,  for  his  part  and  share,  as  aforesaid,  free,  clear,  and  dis- 
charged of  and  from  all  estates,  rights,  titles,  interests,  charges,  and 
encumbrances,  whatsoever,  had,  made,  caused,  or  suffered  to  bo 
made,  caused,  or  suffered,  of  or  by  the  said  C.  D.,  or  any  person 
claiming,  or  to  claim,  by,  from,  or  under  him,  and  without  any  let, 
trouble,  suit,  entry,  disturbance,  or  interruption  of  the  said  C.  D., 
his  heirs,  or  assigns,  or  of  any  person  or  persons  lawfully  claiming, 
or  to  claim,  by,  from,  or  under  him,  them,  or  any  of  them. 

Second,  the  said  C.  D.  shall  from  henceforth  have,  hold,  possess, 
and  enjoy,  in  severalty  by  himself,  &c.,  [proceed  to  set  hie  share  as 
abovz  and  add  the  covenants.] 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 


FORMS    OF    CONVEYANCES.  63 

Deed  of  Surrender  of  a  Term  of  Years  to  the  Person 
having  the  Reversion. 

THIS  Indenture,  made  the day  of ,  between  A.  B..  ofj 

&c.,  of  the  one  part,  and  C.  D.,  &CM  of  the  other  part  Whereas, 
the  said  C.  D.,  by  his  Indenture  of  lease,  bearing  date,  &c.,  did  de- 
mise, set,  and  to  farm  let,  &c.,  [reciting  the  property,  and  the  term  a& 
in  the  tease.]  Now  these  presents  Witness,  That  for  and  in  consid- 
eration of ,  to  the  said  A.  B.,  in  hand  paid,  at  tho  sealing  and 

delivery  of  these  presents,  by  the  said  C.  D.,  and  to  the  intent  and 
purpose  that  the  said  term,  in  the  said  lands  and  premises,  may  be 
wholly  merged  and  extinguished,  he,  the  said  A.  B.,  hath  givena 
granted,  and  surrendered,  and  by  these  presents  doth  give,  grant, 
and  surrender,  unto  the  said  C.  D.,  and  his  heirs,  all  the  said  lands 
and  premises  in  the  said  Indenture  of  lease,  contained  and  demised 
as  aforesaid,  and  all  the  estate,  right,  title,  interest,  term  of  years, 
property,  claim,  and  demand,  whatsoever,  of  him,  the  said  A.  B., 
of,  in.  to,  or  out  of  the  same,  or  any  part  or  parcel  thereof:  To 
have  and  to  hold  the  said  lands  and  premises  to  the  said  C.  D.,  his 
heirs  and  assigns,  and  to  his  and  their  only  proper  use  and  behoof. 

And  the  said  A.  B.  doth  hereby,  for  himself,  his  heirs,  executors, 
and  administrators,  covenant  and  agree  to  and  with  the  said  C.  D., 
his  heirs  and  assigns,  that  he,  the  said  A.  B.,  hath  not  at  any  time 
heretofore  made,  done,  committed,  executed,  permitted,  or  suffered, 
any  act,  deed,  matter,  or  thing,  whatsoever,  whereby,  or  where- 
with, or  by -reason  or  means  whereof,  the  said  lands  and  premises 
hereby  assigned  or  surrendered,  or  any  part  or  parcel  thereof,  are, 
or  is,  or  may,  can,  or  shall  be,  any  ways  impeached,  charged,  af- 
fected, or  encumbered. 

In  "witness  whereof,  [as  in  General  Form  of  Agreement.} 


Surrender  of  a  Lease  by  Endorsement. 

WHEREAS,  the  within  named  A.  B.  hath  lately  sold  tho  freehold 
and  inheritance  of  the  land  and  premises,  by  the  within  Indenture 
demised  to  C.  D.,  and  the  same  have  been  conveyed  to  him,  tho 
eaid  C.  D.,  his  heirs  and  assigns  forever :  Now,  know  all  men,  by 

these  presents,  that  in  consideration  of to  the  within  narnecl 

fJ.  F.,  by  the  said  C.  D.,  in  hand  paid,  at  the  ensealing  and  delivery 
of  these  presents,  he,  the  said  E.  F.,  at  the  request  and  desire,  and 
upon  the  acceptance  of  the  said  C.  D.,  hath  bargained,  sold,  sur- 
rendered, yielded,  and  given  up,  and  by  these  presents  doth  bar- 
gain, sell,  surrender,  yield,  and  give  up,  unto  the  said  C.  D.,  and 
bis  heirs,  all  and  singular,  the  lands  and  premises,  by  the  within 
Written  Indenture,  demised  or  mentioned,  or  intended  so  to  be :  and 
all  the  estate,  right,  title,  interest,  term  of  years,  property,  claim, 
and  demand,  of  him,  tho  said  E.  F.,  of,  in,  or  to  the  same,  or  any 
part  or  parcel  thereof,  to  the  end  and  intent  that  tho  residue  and 


04  FOBMS    OF    CONVEYANCES. 

remainder  of  the  within  mentioned  term  may  become,  aac?  b« 
merged  and  extinguished  in  the  estate  of  freehold  vested  in  tho 
Baid  0.  D.,  of,  and  in  the  said  lands  and  premises.     And  tho  Baid 
E.  F.  doth  hereby,  &c.     [  Coven  an  tas  before.] 
In  witness,  &c.  [as  in  General  Form  of  Agreement.] 

Surrender  of  a  Lease  to  the  Lessor  by  Endorsement. 

KNOW  all  men,  by  these  presents,  that  I,  the  within  named  A. 

B.,  in  consideration  of ,  to  mo  in  hand  paid,,  at,  and  before  tho 

ensealing  and  delivery  of  these  presents,  do,  for  me,  my  executors 
And  administrators,  bargain,  sell,  surrender,  and  yield  up,  from  the 
day  of  the  date  hereof,  unto  the  within  named  C.  D.,  and  his  heirs, 
(or  his  executors  and  administrators,)  as  well  the  within  Indenture 
of  lease,  as  the  land  and  premises  therein  mentioned,  and  the  term 
of  years  therein  yet  to  come,  with  all  my  right,  title,  and  interest 
thereto,  and  that  free  and  clear  of  all  encumbrances  of  what  kind 
soever,  at  any  time,  by  me,  or  by  my  privity,  consent,  or  procure- 
ment, done,  committed,  or  suffered. 

In  witness,  &c.  [as  -in  General  Form  of  Agreement.] 


Eelease  by  a  Mortgagee  to  the  Mortgagor,  of  part  of  the 
Mortgaged  lands,  part  of  the  money  being  paid. 

THIS  Indenture,  made  this day  of ,  between  A.  B.,  of, 

&c.,  und  C.  D.,  of,  &c.  Whereas,  the  said  C.  D.,  by  his  Indenture 
of  mortgage,  bearing  date  the day  of did,  for  the  consid- 
eration therein  specified,  and  for  securing  the  payment  of  the 
moneys  therein  mentioned,  convey  to  the  said  A.  B.  — -  certain 
lands  situate  at ,  and  of  which  the  lands  hereinafter  con- 
tained are  part  and  parcel.  And,  whereas,  the  said  C.  D.  hath,  on 

the  day  of  the  date  hereof,  paid  unto  the  said  A.  B.  the  sum  of , 

part  of  the  moneys  so  intended  to  be  secured,  and  all  interest  duo 
and  owing,  for  tho  whole,  principal  money,  so  that  there  is  duo  to 

the  said  A.  B.,  upon  the  said  security,  the  sum  of ,  principal 

money,  and  no  more.  And,  whereas,  the  said  A.  B.,  at  the  desire 
and  request  of  the  said  C.  D.,  hath  agreed  to  surrender  and  release 
to  the  said  C.  D.,  his  heirs  and  assigns,  the  lands  hereinafter  de- 
scribed, and  to  accept  and  take  the  residue  of  the  mortgaged  land 
as  his  security  for  the  sum  remaining  due,  as  aforesaid,  and  the  in- 
terest thereof.  Now  these  presents  Witness,  That  the  said  A.  B., 
in  pursuance  of  the  said  agreement,  and  in  consideration  of  ono 
Collar,  to  him  in  hand  paid,  at,  and  before  the  ensealing  and  de- 
livery of  theso  presents,  oy  the  said  C.  D.,  hath  granted,  released, 
assigned,  and  made  over,  and  by  theso  presents  doth  grar.t,  release, 
assign,  and  make  over,  to  the  said  C.  D.,  and  to  his  heira  and  as- 
signs, all  tho  part  of  tho  said  mortgaged  lands,  described  and 


FOIiMS    OF    CONVEYANCES.  65 

bounded  as  follows,  that  is  to  say,  &c.,  with  the  hereditaments  and 
appurtenances  to  the  same  belonging,  and  all  the  right,  title,  and 
interest  of  the  said  A.  B.,  of,  in,  or  to  the  same,  to  the  intent  that 
the  lands  aforesaid,  and  hereby  conveyed,  may  be  discharged  from 
the  said  mortgage,  so  that  the  rest  of  the  lands,  in  the  said  mort- 
gage specified,  may  remain  to  the  said  A.  B.  as  heretofore.  To 
have  and  to  hold  the  lands  and  premises  hereby  released  and  con- 
veyed to  the  said  C.  D.,  his  heirs  and  assigns,  to  his  and  their  only 
proper  use  and  behoof  forever. 
In  witness,  &c.  [as  inGeneal  Fom  of  Agreement.} 


Eelease  of  Dower  by  a  Widow. 

To  all  to  whom  these  presents  shall  come,  A.  B.,  of,  &c.,  relict 
of  B.  B.,  late  of,  &c.,  send  greeting:  Know  ye,  that  the  said  A.  B., 

for,  and  in  consideratiou  of ,  to  her  in  hand  paid,  at,  or  before 

the  ensealing  and  delivery  of  these  presents,  by  her  son  C.  B.,  of, 
&c.,  hath  granted,  remised,  released,  and  forever  quit-claimed,  and 
by  these  presents  doth  grant,  remise,  release,  and  forever  quit- 
claim, unto  the  said  C.  B.,  his  heirs ,  and  assigns,  forever,  all  tho 
dower  and  thirds,  right  and  title  of  dower  and  thirds,  and  all 
other  right,  title,  interest,  property,  claim,  and  demand,  whatsoever, 
in  law  and  equity,  of  her,  the  said  A.  B.,  of,  in,  and  to  [a  certain 
parcel  of  land,  $*c.,  or  if  the  release  is  intended  to  be  a  genernlone, 
say]  all,  and  every,  the  messuages,  lands,  tenements,  and  real  estate, 
whereof  the  said  B.  B.,  died,  seized,  or  possessed,  or  whereof  he  was 
seized  or  possessed,  at  the  time  of  his  intermarriage  with  the  said 
A.  B.,  or  at  any  time  since,  wheresoever  the  same  may  lie,  and  be 
situate,  so  that  she,  the  said  A.  B.,  her  heirs,  executors,  adminis- 
trators, or  assigns,  nor  any  other  person  or  persons,  for  her,  them, 
or  any  of  them,  have,  claim,  challenge,  or  demand,  or  pretend  to 
have  claim,  challenge,  or  demand,  any  dower  or  thirds,  or  any 
other  right,  title,  claim  or  demand,  of,  in,  or  to  the  same,  or  any 
part  or  parcel  thereof,  in  whosoever  hands,  seisin  or  possession, 
the  same  may  or  can  be,  but  thereof  and  therefrom  shall  be 
utterly  barred  and  excluded,  forever,  by  these  presents. 

In  witness,  &c.  [as  in  General  Form  of  Agreement..] 


Release  of  Dower  by  Endorsement  on  a  Deed. 
KNOW  all  men  by  these  presents,  that  A.  B.,  the  widow  arid  re- 
lict of  the  within  named  C.  D.,  lately  deceased,  in  consideration  of 
the  sura  of  ten  dollars,  to  her  in  hand  paid,  by  the  within  named 
E.  P.,  of,  &c.,  at,  or  before  the  execution  of  these  presents,  the  re- 
ceipt whereof,  &c.,  and  for  divers  other  good  causes  and  consider- 
ations, her  thereunto  moving,  hath  remised,  released,  and  forever 
quit-claimed,  and  by  these  presents  doth,  for  herself,  her  hoirn.  ex- 


66  FOEMS    OF 

ccutors,  and  administrate rs,  remise,  release,  and  forever  quit-claim, 
unto  the  said  E.  F.,  his  heirs  and  assigns,  all  the  dower,  and  right 
and  title  of  dower,  and  all  other  the  estate,  right,  title;  interest^ 
claim,  and  demand,  whatsoever,  both  at  law  and  in  equity,  of  her, 
the  said  A.  B.,  which  she  now  hath,  or  which  she,  her  h«irs,  execu- 
tors, or  administrators,  can  or  may  at  any  time  hereafter,  have, 
claim,  or  demand  of,  in,  to,  or  out  of  all  and  singular,  the  said  land  and 
premises,  by  the  within  Indenture  conveyed,  or  mentioned,  or  in- 
tended so  to  be,  or  their  -appurtenances,  or  any  part  thereof,  so 
that  she,  the  said  A.  B.,  her  heirs,  executors,  and  administrators, 
or  any  of  them,  shall  not,  nor  will,  at  any  time  hereafter,  have 
claim,  or  pretend  to  any  such  dower,  or  right,  or  title  of  dower,  OP 
other  estate,  right,  title,  interest,  pretence,  claim,  or  demand,  aa 
aforesaid,  of,  in,  to,  or  out  of  the  said  premises,  or  any  part  there- 
of, with  their  appurtenances,  but  of,  and  from  the  same,  and  every 
part  thereof,  shall  and  will  be  from  henceforth  utterly  debarred 
and  excluded  forever,  by  these  presents. 

In  witness,  &c.  [as  in  General  Form  of  Agreement.} 


Deed  of  Gift  of  Personal  Estate. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  in  con 
eideration  of  the  natural  love  and  affection  which  I  have  and  beax 
for  my  son,  C.  B.,  and  also  for  divers  other  good  causes  and  con 
siderations,  me,  the  said  A.  B.,  hereunto  moving,  have  given,  grant- 
ed and  confirmed,  and  by  these  presents,  do  give,  grant,  and  con- 
firm, unto  the  said  C.  B.,  all  and  singular,  my  goods,  chattels,  leas- 
es, and  personal  estate  whatsoever,  in  whoso  hands,  custody,  or 
possession  soever  they  be :  To  have,  hold,  and  enjoy,  all  and  sin- 
gular, the  said  goods,  chattels,  and  personal  estate,  aforesaid,  unto 
the  said  C.  B.,  her  executors,  administrators,  and  assigns,  to  tho 
only  proper  use  and  behoof  of  the  said  C.  B.;  her  executors,  ad- 
ministrators, and  assigns,  forever.  And  I,  the  said  A.  B.,  all  and 
singular,  the  said  goods,  chattels,  personal  estate  and  other  tho 
premises,  to  the  said  C.  B.,  her  executors,  administrators,  and  as- 
signa,  against  me,  the  said  A.  B.,  my  executors  and  administrators, 
and  all,  and  every  other  person  and  persons,  whatsoever,  shall  and 
will  warrant,  and  forever  defend,  by  these  presents :  of  all  and 
singular,  which  said  goods,  chattels,  personal  estate,  and  other 
premises,  I,  the  said  A.  B.,  have  put  the  said  C.  B.  in  full  posses. 
eion,  by  delivering  to  her  one  pewter  dish,  at  the  time  of  the  seal- 
ing and  delivery  of  these  presents,  in  the  name  of  the  whole  prom- 
isea  hereby  granted. 

In  witness,  &c.  [as  in  General  Form  of  Agreement.] 


FORMS    OF    CONVEYANCES.  C7 

Deed  of  Gift  by  a  Father  to  a  Son  of  his  Personal  Property, 
on  Conditions. 

THIS  Indenture,  made  the,  &c.,  between  A.  B.,  of,  &c.7  of  the  ono 
part,  and  C.  B.,  of,  &c.,  of  the  other  part.  Whereas,  the  said  A.  B., 
being  the  father  of  the  said  C.  B.,  by  reason  of  his  age  and  infirm- 
ities, is  not  capable  of  attending  to  his  estate  and  affairs  as  for- 
merly, and  has  therefore  agreed,  for  advancement  of  the  gaid  C.  B., 
to  make  over  his  property  to  the  said  C.  B.,  so  that  the  said  C.  B. 
ehould  pay  the  debts  of  the  said.  A.  B.,  and  afford  him  a  mainte- 
nance as  is  hereinafter  mentioned;  Now  this  indenture  Witnesseth, 
That  the  said  A.  B.,  in  order  to  carry  the  said  agreement  into 
effect,  and  in  consideration  of  the  natural  love  and  affection  which 
he  hath  for  and  towards  his  son,  the  said  C.  B.,  and  of  the  provi- 
soes, covenants,  and  agreements,  hereinafter  mentioned,  by  the  said 
C.  B.,  to  be  observed  and  performed,  hath  given,  granted,  bar- 
gained, sold,  and  assigned,  and  by  these  presents,  doth  give,  grant, 
bargain,  sell,  and  assign,  unto  the  said  C.  B.,  his  executors,  adminis- 
trators, and  assigns,  all  and  singular,  his  household  goods,  and 
implements  of  household  stock  in  trade,  debts,  rights,  credits,  and 
personal  estate,  whereof  he  is  now  possessed,  or  any  ways  inter- 
ested in  or  entitled  unto,  of  what  nature  or  kind  soever  the  same 
nre,  or  wheresoever  or  in  whosoever  hands  they  be,  or  may  bo 
found,  with  their  and  every  of  their  rights,  members,  and  appurte- 
nances, To  have  and  to  hold,  the  said  goods,  household  stuff,  stock 
in  trade,  debts,  rights,  and  personal  estate,  and  the- other  the  prem- 
ises, unto  the  said  C.  B.,  his  executors,  administrators,  and  assigns, 
forever,  without  rendering  any  account  or  being  therefor  in  any 
wise  accountable  to  the  said  A.  B.,  his  heirs,  executors,  or  ad- 
ministrators, for  the  same. 

And  the  said  C.  B.,  for  himself,  his  heirs,  executors,  and  admin- 
istrators, doth  covenant,  promise,  grant,  and  agree,  to  and  with  tho 
said  A.  B.,  his  executors,  administrators,  and  assigns,  in  manner 
and  form  following,  that  is  to  say:  that  he,  the  said  C.  B.,  his  heirs, 
executors,  and  administrators,  shall  and  will,  settle,  pay,  discharge, 
and  satisfy,  or  cause  to  be  settled,  paid,  discharged,  and  satisfied, 
all  accounts,  debts,  judgments,  and  demands,  of  every  nature  and 
kind  whatsoever,  now  outstanding,  against,  or  now  due,  from,  or 
payable  by  the  said  A.  B.,  or  for  the  payment  of  which,  the  said 
A.  B.  shall  be  liable,  or  be  held  liable,  either  at  law  or  equity,  on 
account  of  any  matter,  cause,  or  thing  heretofore  had,  suffered, 
done,  or  performed,  and  at  all  times  hereafter,  free,  discharge,  and 
keep  harmless,  and  indemnified,  the  said  A.  B.,  his  heirs,  executors, 
ndministrators,  from  all  and  every  such  accounts,  debts,  judgments, 
and  demands,  and  from  all  actions,  suits,  and  damages,  that  may  to 
him  or  them  arise,  by  reason  of  tho  non-payment  thereof;  and, 
moreover,  that  he,  the  said  C.  B.,  his  heirs,  executors,  and  admin- 
istrators, shall  and  will  yearly,  and  every  year,  during  tho  term 


G8  FORMS    OP    CONVEYANCES. 

of  the  natural  life  of  the  said  A.  B.,  by  four  equal  quarterly  pay. 

inents,  the  first  to  begin  on  the  day  of next,  well  and 

truly  pay,  or  cause  to  be  paid,  to  the  said  A.  B.,  or  his  assigns,  the 

sum  of for,  or  toward  his  support  or  maintenance,  and  find  or 

provide  for  him  sufficient  meat,  drink,  washing,  lodging,  appare^, 
and  attendance,  suitable,  to  his  state  and  situation,  at  the  choice 
and  election,  from  time  to  time,  of  the  said  A.  B. 

Provided  always,  and  upon  this  condition,  and  it  is  the  true 
intent  and  meaning  of  these  presents,  that  if  the  said  C.  B.,  his 
heirs,  executors  and  administrators,  shall  neglect  or  refuse  to  pay 
the  said  accounts,  debts,  judgments,  and  demands,  according  to  hia 
covenant  aforesaid,  or  shall  suffer  the  said  A.  B.  to  be  pufc  to  any 
cost,  charge,  trouble,  or  expense,  on  account  of  the  same,  or  shall 
neglect  or  refuse  to  pay  the  said  annual  sum,  in  manner  aforesaid, 
or  to  find  and  provide  for  the  said  A.  B.,  as  aforesaid,  that  then,  in 
all,  any,  or  either  of  the  cases  aforesaid,  it  shall  and  may  bo  lawful 
to  and  for  the  said  A.  B.,  all  and  singular  the  premises  hereby 
granted  to  take,  repossess,  and  enjoy,  as  in  his  former  estate. 

In  witness,  &c.,  [as  in  General  Form  of  Agreement..] 


Deed  of  Gift  of  Goods  to  be  used  by  the  Giver  during  Life, 

KNOW  all  men  by  these  presents,  that  I,  M.  B.  of ,  in  con- 
sideration of  the  natural  love  and  affection  which  I  have  and  bear 
to  my  nephew,  F.  S.,  of ,  and  for  and  towards  the  better  sup- 
port and  maintenance  of  him  after  my  decease,  and  for  divers  other 
good  causes  and  valuable  considerations  me  thereunto  especially 
moving,  have  given,  granted,  and  sold,  and  by  these  presents  do 
give,  grant,  and  sell  unto  the  said  F.  S.,  all  and  singular  my  goods  and 
chattels,  wahtsoever  and  wheresoever,  and  of  what  nature,  sort,  or 
kind  soever:  To  have  and  to  hold  the  said  goods  and  chattels 
hereby  granted,  bargained,  and  sold,  and  every  part  and  parcel 
thereof,  unto  the  said  F.  S.,  his  executors,  administrators,  and  as- 
signs,  as  his,  and  their  own  proper  goods,  chattels,  and  effects,  from 
henceforth  forever :  Provided,  always,  and  these  presents  are  upon 
this  special  trust  and  confidence,  and  upon  this  express  condition, 
that  he,  the  said  F.  S.,  his  executors,  administrators,  and  assigns, 
shall  and  do  permit  and  suffer  me,  the  said  M.  B.,  to  use,  keep,  and 
enjoy,  all  and  singular,  the  said  goods  and  chattels,  [or  if  a  part, 
specify  them,]  during  my  natural  life,  without  paying  or  yielding 
anything  for  the  same,  or  in  respect  thereof,  nnd  not  otherwise 
and  that  from  and  after  my  decease,  he,  the  said  F.  S..  his  execu- 
tors, administrators,  or  assigns,  shall,  or  lawfully  may  have,  hold, 
and  enjoy  the  same,  and  every  part  and  parcel  thereof,  and  dispose 
thereof,  and  convert  the  same  to  his  own  proper  us^>  and  Vehoof, 
as  he  or  they  shall  think  fit. 
Ju  witness,  &c.,  [as  in  General  Form  n 


FORMS   OF   CONVEYANCES.  69 

A  Grant  of  an  Annuity  by  Indenture. 

THIS  indenture,  made,  &c.,  between  A.  B.,  of ,  of  the  one 

part,  and  C.  D.,  of ,  of  the  other  part,  Wilnessetk,  That  the 

said  A.  B.,  for,  and  in  consideration  of  the  sum  of ,  to  him  in 

hand  well  and  truly  paid,  by  the  said  C.  D.,  at  or  before  the  seal 
ing  and  delivery  of  these  presents,  the  receipt  whereof  the  said  A. 

B.  doth  hereby  acknowledge,  hath  given,  granted,  and  confirmed, 
and  by  these  presents  doth  give,  grant,  and  confirm,  unto  the  said 

C.  D.,  and  his  assigns,  one  annuity  of ,  to  be  received,  taken. 

had,  and  to  be  issuing  out  of  all  that  messuage,  &c.,  with  all  and 
singular  the  appurtenances  thereunto  belonging,  and  every  part 
and  parcel  thereof,  unto  the  said  C.  D.,  and  his  assigns,  for,  and 
during  the  natural  life  of  him,  the  said  C.  D.,  payable,  and  to  be 

paid  at  and  upon ,  yearly,  by  even  and  equal  portions;  the 

first  payment   to   begin   and  made  at  or  upon  ,    And  if  it 

shall  happen  that  the  said  annuity  of ,  or  any  part  thereof,  be 

oehind  or  unpaid,  in  part  or  in  all,  by  the  space  of  twenty -ono 
days  next  after  cither  of  the  said  days  or  times  of  payment  there- 
of, whereupon  the  same  should  or  ought  to  be  paid,  as  aforesaid: 
that  then,  and  so  often,  at  any  time  thereafter,  it  shall  and  may  be 
lawful  to,  and  for  the  said  C.  D.,  and  his  assigns,  into,  and  upon 
the  said  messuage  and  premises  above-mentioned,  or  any   part 
thereof,  to  enter  and  distrain,  and  the  distress  and  distresses  then 
and  there  found,  to  take,  lead,  drive,  carry  away,  and  impound, 
and  the  same  impound,  to  take,  hold,  and  keep,  until  the  said  an- 
nuity and  the  arrears  thereof,  (if  any  shall  be,)  together  with  all 
costs  and  charges  thereabout,  or  concerning  the  same,  shall  ^bo 
fully  paid  and  satisfied.     And  the  said  A.  B.,  for  himself,  his  heirs, 
executors,  and  administrators,  doth  covenant,  grant,  and  agree,  to 
and  with  the  said  C.  D.,  his  executors,  administrators,  and  assigns, 
that  he,  the  said  A.  B.,  his  heirs,  executors,  or  administrators,  shall 
and  will,  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  C. 
D.,  his  executors,  administrators,  or  assigns,  the  said  annuity,  or 
yearly  rent,  charge,  &c.,  above,  at  the  days  and  time,  and  in  man- 
ner and  form,  as  above  expressed  and  limited  for  payment  thereof, 
according  to  the  true  intent  and  meaning  of  these  presents.     Ana 
Also  that  the  said  messuage,  &c.,  above-mentioned,  to  bo  charged 
And  chargeable  with  the  said  annuity  hereby  granted,  shall,  from 
time  to  time,  be,  and  continue,  over,  and  sufficient  for  the  payment 

of  the  said  annuity  of ,  yearly,  during  the  life  of  tho  eaicl 

C.  D. 

In  witness,  &c ,  [as  in  General  Form  of  Agreement.] 


ACKNOWLEDGMENTS. 


ACKNOWLEDGMENTS. 


By  a  Grantor,  known  to  the  Officer. 
Union  County,  ss. 

ON  this day  of ,  in  the  year ,  John  Doe  came  bo 

fore  me,  and  personally  acknowledged  that  he  had  executed  the 
within  conveyance :  and  I  certify  that  I  know  the  said  John  Doe^ 
who  made  the  said  acknowledgment,  to  be  the  individual  do 
scribed  in,  and  who  executed  the  said  conveyance. 

A.  B.,  Commissioner  of  Deeds  for  the  County  of  Union. 

By  Grantor,  Identified  by  a  Witness. 

Smith  County,  ss. 

ON  the day  of ,  in  the  year ,  John  Doe  came  be- 
fore me,  and  acknowledged  that  he  had  executed  the  within  convey- 
iince ;  and  at  the  same  time  came  Richard  Roe,  residing  in  the  towa 

of ,  in  said  county,  who,  being  duly  sworn  by  me,  deposed  and 

said,  that  he  knew  the  person  making  the  said  acknowledgment 
to  be  the  individual  described  in,  and  who  executed  the  said  con- 
veyance :  which  to  me  is  satisfactory  evidence  thereof. 

A.  B.,  Commissioner  of  Deeds  of  said  County. 

By  Husband  and  Wife,  known  to  the  Officer. 

Iron  County,  ss. 

ON  this day  of ,  in  the  year .  John  Doe  and  Mary 

his  wife,  came  before  me,  and  severally  acknowledged  that  they 
had  executed  the  within  conveyance:  and  the  said  Mary,  on  a 
private  examination,  apart  from  her  husband,  acknowledged  that 
she  executed  the  said  conveyance  freely,  and  without  any  fear  or 
compulsion  of  her  husband  :  and  I  further  certify  that  I  know  the 
persons  who  made  the  said  acknowledgment  to  be  the  same  indi- 
viduals described  in,  and  who  executed  the  said  conveyance. 

A.  B.,  Commissioner  of  Deeds  of  said  County. 


Acknowledgment  by  Husband  and  Wife,  both  identified  by 
a  Witness, 

Marion  County,  ss. 

ON  the day  of ,  in  the  year ,  John  Doe  and  Mary, 

his  wife,  personally  came  before  me,  and  severally  acknowledged 
that  they  had  executed  the  within  conveyance  :  and  the  said  Mary, 


ACKNOWLEDGMENTS.  *7l 

on  a  private  examination,  apart  from  her  husband,  acknowledged 
that  she  executed  the  same  freely,  without  any  fear  or  compulsion 
of  her  husband:  and  at  the  same  time  appeared  llichard  Roe,  re- 
siding in  the  town  of ,  in  said  county,  who  being  by  me  duly 

sworn,  deposed  and  said,  that  he  knew  the  persons  making  the 
acknowledgment  as  aforesaid,  to  be  the  same  individuals  described 
in,  and  who  executed  the  within  conveyance,  which  to  me  is  satis- 
factory evidence  thereof. 

A.  B.,  Commissioner  of  Deeds  of  said  County. 


Acknowledgment  by  Husband  and  Wife— Husband  known 
and  Wife  identified. 

Or.eida  County,  ss. 

ON  the day  of ,  in  the  year ,  John  Doe  and  Mary, 

his  wife,  personally  came  before  me,  and  severally  acknowledged 
that  they  bad  executed  the  within  conveyance :  and  I  certify  that 
I  know  the  said  John  Doe  to  be  one  of  the  individuals  described 
in,  and  who  executed  the  same :  and  the  said  Mary,  on  a  private 
examination,  apart  from  her  husband,  acknowledged  that  she  exe- 
cuted the  said  conveyance  freely,  without  any  fear  or  compulsion 
of  her  husband :  and  at  the  same  time  appeared  llichard  Roe,  re- 
siding in  the  town  of ,  in  the  county  aforesaid,  who,  being 

by  me  duly  sworn,  deposed  and  said,  that  he  knew  the  said  Mary, 
who  made  the  acknowledgment  as  aforesaid,  to  be  the  same  indi- 
vidual described  in,  and  who  executed  the  within  conveyance,  which 
is  to  me  satisfactory  evidence  thereof. 

A.  B.,  Commissioner  of  Deeds  of  said  County. 


Acknowledgment  by  Four  Persons— two  known,  and  two 
identified. 

Kings  County,  ss. 

ON  the  day  of ,  in  the  year ,  A.  B.,  C.  D.,  E.  F., 

and  G.  IL,  personally  came  before  me,  and  severally  acknowledged 
that  they  had  executed  the  within  conveyance :  and  at  the  same 

time  appeared  llichard  Roe,  residing  in  the  town  of ,  in  said 

county,  who,  being  by  me  duly  sworn,  deposed  and  said  that  he 
know  A.  B.,  and  C.  D.,  two  of  the  persons  making  the  said  ac- 
knowledgment, to  be  two  of  the  individuals  described  in,  and  who 
executed  the  within  conveyance,  which  is  to  me  satisfactory  evi- 
dence thereof.  And  I  further  certify,  that  I  know  E.  F.,  and  G.  IT., 
the  two  other  persons  making  the  said  acknowledgment,  to  be  the 
other  two  persons  described  in,  and  who  executed  the  said  convey 
unco. 

A.  B.,  Commissioner  of  Deeds  of  said  County. 


72  PROOF   OF   DEEDS. 

Acknowledgment  by  a  Person  conveying  by  Virtue  of  a 
Power  of  Attorney. 

Kings  County,  ss. 

ON  the day  of  ,  in  the  year ,  John  Stiles  person- 

ally  came  before  nie,  and  acknowledged  that  he  had  executed  the 
within  conveyance  as  th6  act  and  deed  of  John  Doe,  therein  de- 
scribed, by  virtue  of  a  Power  of  Attorney,  duly  executed  by  the 

said  John  Doe,  bearing  date  the day  of ,  in  the  year , 

recorded  in  the  office  of  the  Clerk  of  the  County  of  Kings.  And 
I  further  certify  that  I  know  the  said  John  Stiles,  who  made  the 
said  acknowledgment,  to  be  the  same  individual  who  executed  the 
within  conveyance :  fo?-,  if  the  person  is  unknown  to  the  officer,  and 
is  identified,  say,]  and  at  the  same  time  appeared  Richard  Roe,  of 

the  town  of ,  and  county  aforesaid,  who,  being  by  me  duly 

sworn,  depose^  and  said,  that  he  knew  the  individual,  who  made 
the  said  acknowledgment,  to  be  the  same  person  who  executed  the 
within  conveyance,  which  is  to  me  satisfactory  evidence  thereof. 
A.  B.,  Commissioner  of  Deeds  of  Kings  County. 

Acknowledgment,  by  a  Deputy  Sheriff,  of  a  Deed  executed 
by  him  in  the  Kame  of  the  Sheriff. 

Union  County,  ss. 

ON  the day  of, ,  in  the  year ,  A.  S.  "W.  came  before 

me,  and  personally  acknowledged  that  he,  as  a  general  deputy  of 
B.  H.,  Esq.,  the  Sheriff  of  the  County  of  Union,  had  executed  the 
within  conveyance,  in  the  nam3,  and  as  the  act  and  deed  of  the 
said  Sheriff:  and  I  certify  that  I  know  the  said  A.  S.  W./who  made 
the  said  acknowledgment,  to  be  the  individual  described  in,  and 
who  executed,  the  said  conveyance. 

P.  V.  G.,  Commissioner  of  Deeds  of  Union  County. 


PROOF  OF  DEEDS. 


Proof  by  a  Subscribing  Witness  who  is  known  to  the  Officer. 

Lake  County  ss. 

ON  this day  of ,  in  the  year ,  John  Smith,  with 

whom  I  am  personally  acquainted,  came  before  me,  and,  being  by 
me  duly  sworn,  deposes  and  sa)'s,  that  he  is  a  resident  of  the  town 

of ,  in  the  countv  of ;  that  he  saw  John  Doe  execute  the 

within  conveyance :  that  he,  the  said  John  Smith,  subscribed  hia 
name  thereto  as  a  witness,  and  that  ho  knew  the  said  John  Doe 


PROOF  OP  DEEDS.  7  3 

to  be  tho  person  described  in,  and  who  executed,  the  said  con-vey 
anco. 

A.  B.,  Commissioner  of  Deeds  of  Lake  County. 


Proof  by  a  Subscribing  Witness  not  known  to  the  Officer,  but 
identified  by  another  Witness. 

Queens  County,  ss. 

ON  this day  of ,  in  the  year ,  John  Smith  came 

before  me,  and,  being  by  me  duly  sworn,  deposes  and  says,  that  he 

resides  in  the  town  of ,  in  the  county  of ;  that  ho  saw 

John  Doe  e'xecute  the  within  conveyance ;  that  he,  the  said  John 
Smith,  subscribed  his  name  thereto" as  a  witness,  and  that  he  knew 
the  said  John  Doe  to  be  the  person  described  in,  and  who  executed, 
the  said  conveyance  :  and  at  the  same  time  came  before  me  Richard 

Roe,  residing  in  the  town  of ,  and  county  of ,  who,  being 

by  me  duly  sworn,  deposes  and  says,  that  he  knows  the  said  John 
Smith  to  be  the  same  person  who  was  a  subscribing  witness  to  the 
within  conveyance,  which  is  to  me  satisfactory  evidence  thereof. 
A.  B.,  Commissioner  of  Deeds  for  the  County  of  Queens. 

Proof  by  Subscribing  Witness  of  the  Execution  of  a  Deed  by 
Husband  and  Wife  residing  out  of  the  State,  the  Subscri- 
bing Witness  being  known  to  the  Officer. 

Queens  County,  ss. 

ON  the  day  of ,in  the  year ,  John  Smith,  with 

whom  I  am  personally  acquainted,  came  before  me,  and  being  by 
me  duly  sworn,  deposes  and  says,  that  he  resides  in  the  town  of 
Sharon,  in  the  county  of  Litchfield,  and  State  of  Connecticut ;  that 
he  saw  John  Doe,  and  Mary  his  wife,  severally  execute  the  within 
conveyance  •  that  he  subscribed  his  name  thereto  as  a  witness,  and 
that  he  knew  the  said  John  Doe,  and  Mary,  his  wife,  to  be  the 
same  persons  described  in,  and  who  executed  the  said  conveyance , 
and  that,  at  the  time  of  the  execution  thereof,  the  said  John  Doe, 
and  Mary  his  wife,  were  residents  of  the  said  town  of  Sharon,  in 
the  State  of  Connecticut. 

A.  B.,  Commissioner  of  Deeds  of  the  County  of  Queens 

Proof  "by  Subscribing  Witness,  identified  in  same  Case  as 
preceding. 

Queens  County,  ss. 

ON  the day  of  ,  in  the  year ,  John  Smith  came 

before  me,  and,  being  by  me  duly  sworn,  deposes  and  says,  that  be 
resides  in  the  town  of  Sharon,  in  the  county  of  Litchfield,  and 


PROOF   OP   DEEDS, 

State  of  Connecticut ;  that  he  saw  John  Doe,  and  Mary,  his  wife 
severally  execute  the  within  conveyance  ;  that  he  subscribed  his 
name  thereto  as  a  witness  ;  that  he  knew  the  said  John  DDC,  and 
Mary,  his  wife,  to  be  the  same  persons  described  in,  and  who  exe- 
cuted, the  said  conveyance  ;  and  that  at  the  time  of  the  execution 
thereof,  they  were  residents  of  the  said  town  of  Sharon,  in  the 
State  of  Connecticut.  At  the  same  time  appeared  before  me, 

Richard  Roe,  residing  in  the  town  of ,  county  of ,  who, 

being  also  by  me  duly  sworn,  deposed  and  said,  that  he  knew  the 
eaid  John  Smith  to  be  the  same  person  who  was  a  subscribing 
witness  to  the  within  conveyance,  which  is  to  me  satisfactory 
evidence  thereof. 

A.  R.,  Commissioner  of  Deeds  of  Queens  County. 

Proof  as  to  Husband  by  Subscribing  Witness,  and  Acknowl- 
edgment by  Wife— the  Wife  and  the  Subscribing  Wit- 
ness being  Both  known  to  the  Officer. 

Queens  County,  ss. 

ON  the day  of ,  in  the  year ,  Richard  Roe,  with 

whom  I  am  personally  acquainted,  came  before  me,  and,  being  by 
me  duly  sworn,  deposes  and  says,  that  he  resides  in  the  town  of 

,  in  the  county  of ;  that  he  saw  John  Doe  execute  the 

within  conveyance  ;  that  he  subscribed  his  name  thereto  as  a  wit- 
ness ;  that  he  knew  the  said  John  Doe  to  be  one  of  the  persons 
described  in,  and  who  executed,  the  within  conveyance.  At  the 
same  time  appeared  before  me,  Mary  Doe,  the  wife  of  the  said 
John  Doe,  who,  on  a  private  examination,  apart  from  her  husband, 
acknowledged  that  she  executed  the  within  conveyance  freely, 
and  without  any  fear  or  compulsion  of  her  husband.  And  I 
further  certify,  that  I  know  the  said  Mary  Doe  to  be  the  same 
person  described  in,  and  who  executed,  the  said  conveyance. 

A.  B.,  Commissioner  of  Deeds  of  Queens  County. 

The  Same,  except  that  the  Wife,  and  the  Subscribing  Wit- 
ness are  both  identified  by  another  Witness. 

Kings  County,  ss : 

ON  the day  of  — — ,  in  the  year ,  Richard  Roe  came 

before  me,  and,  being  by  me  duly  sworn,  deposes  and  says,  that 

he  resides  in  the  said  town  of  -  — ,  in  the  county  of ;  that  he 

saw  John  Doe  execute  the  within  conveyance ;  that  he  subscribed 
his  name  thereto  as  a  witness,  and  that  he  knew  the  said  John  Doe 
to  be  the  person  described  in,  and  who  executed,  the  said  convey- 
ance. At  the  same  time  appeared  before  me,  Mary  Doe  the 


PROOF  OP  DEEDS  75 

cf  the  said  John  Doe,  who,  on  a  private  examination,  apart  from 
her  husband,  acknowledged  that  she  executed  the  within  convey, 
ance  freely,  and  without  any  fear  or  compulsion  of  her  1  usband. 
And  at  the  same  time  appeared  before  me,  John  Smith,  residing  in 

the  town  of ,  and  county  of ,  who,  being  by  me  duly 

sworn,  deposes  and  says,  that  he  knows  the  said  Richard  Hoe  to  bo 
the  same  person  who  was  a  subscribing  witness  to  the  within  con- 
veyance ;  and  that  he  also  knows  the  said  Mary  Doe,  who  made 
the  said  acknowledgment,  to  be  the  individual  described  in,  and 
who  executed,  the  within  conveyance,  which  to  me  is  satisfactory 
evidence  thereof. 

A.  B.,  Commissioner  of  Deeds  of  Kings  County. 


Proof  of  Deed  executed  by  an  Incorporated  Company. 

Dutchcss  County,  ss. 

ON  the day  of ,  iu  the  year ,  before  me  came  T\ 

L.  D.,  the  President  of  the  Bank  of  Poughkeepsie,  -vith  whom  I 
am  personally  acquainted,  and  who,  being  by  me  duly  sworn,  de- 
poses and  says,  that  ho  resides  in  the  village  of  Poughkeepsie,  in 
said  county ;  that  he  is  the  President  of  the  Bank  of  Poughkeepsie ; 
that  the  seal  affixed  to  the  within  Indenture  is  the  corporate  seal 
of  the  President,  Directors,  and  Company  of  the  said  Bank,  and 
was  affixed  to  the  said  Indenture  by  order  of  said  Directors,  for 
the  uses  therein  expressed;  and  that  he,  by  like  order,  did  sub- 
scribe his  name  thereto,  as  President  of  said  Bank,  which  being  to 
me  satisfactory  evidence  of  the  due  execution  of  said  Indenture, 
I  allow  it  to  be  recorded. 

L.  M.,  Commissioner  of  Deeds  of  Dutchess  County. 


Certificate  of  Proof  of  the  Execution  of  a  Conveyance,  when 

the  Subscribing  Witnesses  are  Dead. 
Smith  County,  ss. 

ON  the day  of ,  in  the  year ,  John  Doe  camo  be 

fore  me,  and  being  by  me  duly  sworn,  and  the  within  deed  of  con 
veyance  being  shown  to  him,  'he  deposes  and  says,  that  he  knew 
the  parties  therein  described  :  that  he  was  well  acquainted  with 
A.  B.,  the  grantor  ;  that  he  had  frequently  seen  him  write,  and 
knew  his  hand-writing  ;  that  the  name  of  the  said  grantor,  sub- 
scribed to  the  said  deed,  is  in  the  proper  hand-writing  of  the  said 
A.  B. 

And  the  said  John  Doe  further  deposes,  that  he  was  also  well 
acquainted  with  James  Smith  one  of  the  subscribing  witnesses  to 
the  said  deed,  and  with  his  hand- writing:  that  tho  said  Jame* 


76  PROOF   OV   DEEDS. 

Smith,  at  the  time  of  the  dato  of  said  deed,  resided  in  tlio  said 

town  of ,  in  said  county,  and  has  been  dead  about  four  years, 

that  his  name,  subscribed  as  a  witness  to  said  deed,  is  in  the 
proper  hand-writing  of  the  said  James  Smith,  deceased. 

And  the  said  John  Doe  further  deposes,  that  at  the  time  of  the 
date  of  said  deed,  he  was,  and  for  several  years  had  been,  ac- 
quainted with  one  Stephen  Jones,  a  shoemaker,  who  then  resided 

in  the  said  town  of ,  and   in   the   neighborhood  of  the  said 

grantor;  that  the  said  Jones  died,  at  the  said  town  of afore- 
said, about  the  year  18 — ,  and  since  the  date  of  said  deed;  that 
deponent  was  not  acquainted  with  the  hand- writing  of  the  said 
Jones ;  that  he  has  never  known  or  heard  of  any  other  person  of 
the  name  of  Stephen  Jones,  and  that  he  cannot  say  in  whose  hand- 
writing the  name  last  mentioned  is  subscribed  to  the  said  deed. 

And  I  certify,  that  the  deposition  aforesaid,  of  the  said  John  Doe 
is  to  me  satisfactory  evidence  of  the  death  of  all  the  witnesses  tc 
the  said  deed,  and  of  the  hand-writing  of  James  Smith,  one  of  the 
said  witnesses,  and  of  the  hand-writing  of  the  said  A.  B.,  the 
grantor. 

"W.  G.,  Supreme  Court  Commissioner 


Satisfaction  of  a  Judgment  in  the  Supreme  Court 

SUPREME  COURT,         >      Of  the  Term  of ,  in  the  year         . 

Oneida  County,  ss.  $ 

SATISFACTION  is  acknowledged  between  A.  B.,  plaintiff,  and  C. 

D.,  defendant,  of  a  plea  of  trespass  on  the  case,  for ,  damages 

and  costs,  (or  a  plea  of  debt  for of  debt  and costs.)     Judg 

ment  docketed  the day  of in  the  year .  A.  B. 

Subscribed  and  acknowledged  before  me,  this day  of , 

in  the  year ,  by  A.  B.,  who  is  known  to  me,  (or  who  is  made 

kuown  to  me  by  competent  proof.) 

E.  F.,  Commissioner  for  Deeds  of  Oneida  County. 


Satisfaction  of  a  Justice's  Judgment,  of  which  a  Transcript 
is  filed  in  the  County  Clerk's  Office. 

ONEIDA,  CLERK'S  OFFICE. 
A.  5.,  Plaintiff,  vs.  C.  D.,  Defendant. 

JUDGMENT  rendered  in  favor  of  the  plaintiff  against  defendant, 
before  A.  R.,  Esq.,  a  Justice  of  the  Peace,  of  said  county,  for  — 
dollars  and cents  damages  and  costs. 

Transcript  filed  and  judgment  docketed  the day  of ,in 

the  year . 


PBOOF    OF    DEEDS.  77 

Satisfaction  of  the  above  mentioned  judgment  is  hereby  ao* 
Knowlcdged.  A.  B. 

Subscribed  and  acknowledged  before  me,  this day  of , 

in  the  year ,  by  A.  B,,  to  nie  known,  (or  to  me  made  known  by 

competent  proof.) 

E.  F.,  Commissioner  of  Deeds  of  said  County. 


Application  for  a  Subpoena  to  compel  a  Subscribing  Witness 

to  attend  before  an  Officer  to  prove  the  Execution  of 

a  Conveyance. 

Kings  County,  ss. 

J.  S.,  of  the  town  of  Poughkeepsie,  in  said  county,  being  sworn, 
saith,  that  he  is  the  grantee  (or  the  heir,  or  the  personal  representa- 
tive of  the  grantee,)  in  a  conveyance  of  land  made  by  G.  II.,  to  the 

said  J.  S.,  dated  the  - day  of •  that  L.  M.,  residing  in  the 

said  town  of  Poughkeepsie,  in  said  county,  is  a  witness  to  the  said 
conveyance,  which  cannot  be  proved  without  his  evidence ;  and 
that  he  refuses  to  appear  and  testify,  touching  the  execution 
thereof. 

And  the  said  J.  S.  applies  to  S.  T.,  one  of  the  Judges  of  the 
County  Court,  of  said  county,  for  a  subpoena,  requiring  the  «aid 
witness  to  appear  and  testify  in  relation  thereto.  J  8. 

Sworn  the day  of ,  before  me. 

Subpoena. 

To  L.  M.,  of  the  towu  of ,  in  the  county  of . 

IN  the  name  of  the  People  of  the  State  of  New-York,  you  are 
hereby  commanded  and  required  to  appear  before  me,  at  my  office 

(or  dwelling-house),  in  the  town  of ,  in  the  county  of ,  on 

the day  of instant,  at o'clock  in  the noon,  thoc 

and  there  to  testify,  touching  the  execution  of  a  conveyance  of 
land  from  G.  II.  to  the  said  J.  S.,  to  which,  it  appears  by  his  appli- 
cation to  me  under  oath,  that  you  are  a  witness,  and  that  you  havo 
refused  to  appear  and  testify  touching  the  execution  thereof.  Fail 
not  in  your  obedience  to  this  subpoena,  at  your  peril.  Ghenundei 

my  hand  and  seal,  this day  of ,  in  the  year . 

S.  T ,  one  of  the  Judges  of  the  County  Court  of  Kings  County 


78  MAERIAGE   AND   DIVORCE. 

MAKRIAGKE  AISTD   DIVOKCE. 

MARRIAGE,  throughout  the  United  States,  is  simply  a  civil 
contract,  and  may  be  entered  into  by  any  two  persons,  with  the 
exceptions  mentioned  below : 

WHAT  CONSTITUTES  A  MARRIAGE. — The  basis  of  a  marriage  is 
the  mutual  consent  of  the  parties,  followed  by  cohabitation.  It 
is,  therefore,  complete  on  the  declaration  of  the  parties,  in  the 
presence  of  one  or  more  witnesses,  that  they  take  each  other  to 
be  man  and  wife,  or  words  to  that  effect,  and  consequent  cohabi- 
tation. 

WHO    CANNOT    FORM    A   LEGAL    MARRIAGE. — Idiots,    lunatics, 

persons  of  unsound  mind,  persons  related  by  consanguinity  or 
affinity  within  the  degrees  prohibited  by  law,  infants  under  the 
age  of  consent  (which,  in  Ohio,  is  18  for  males  and  14  for 
females ;  in  Massachusetts,  17  for  males  and  14  for  females  ;  and 
in  all  the  rest,  14  for  males  and  12  for  females),  and  persons 
already  married  and  not  legally  divorced,  are  incompetent  to 
form  a  valid  marriage. 

WHO  MAY  LEGALLY  MARRY. — Any  two  persons  not  prevented 
by  any  of  the  reasons  above  stated. 

CEREMONY. — No  particular  ceremony  is  requisite,  nor  is  it 
required  that  the  marriage  should  be  performed  by  auy  particular 
person.  It  is,  however,  most  usually  performed  by  a  clergyman 
or  magistrate,  and  in  some  of  the  States  it  must  be  performed 
by  them.  In  Connecticut  it  is  necessary  to  record  a  notice 
of  the  intent  to  marry  with  the  "Town  Clerk  or  Register  of 
the  town  where  the  parties  reside,  for,  at  least,  three  weeks ; 
in  Maine  the  same  notice  must  be  recorded  five  days;  and, 
at  the  expiration  of  that  time,  if  no  objections  are  made, 
the  Town  Clerk  or  Register  gives  a  certificate  to  that  effect,  and 
a  clergyman  or  magistrate  can  then  many  them.  In  Massachu- 
setts, the  parties  must  previously  obtain  from  the  same  oflicer  a 
certificate  of  their  respective  names,  occupations,  ages,  births 
and  places  of  residence — on  receipt  of  which  any  clergyman  or 
magistrate  can  marry  them. 

VALIDITY  OF  A  MARRIAGE. — The  validity  of  a  marriage  is  de- 
termined by  the  lex  loci  contractus,  or  the  law  of  the  place  where 
it  is  contracted.  If  valid  there,  it  is  valid  everywhere — the  only 
exceptions  being  marriages  forbidden  by  the  public  law  of  a 
country  from  motives  of  policy,  such  as  polygamy,  incest,  etc. 

Divorce. 

A  divorce  is  the  dissolution  of  the  bond  of  matrimony,  or  tho 
separation  of  husband  and  wife,  by  the  judgment  of  a  Court 
having  jurisdiction  thereof,  or  by  an  act  of  the  Legislature.  In 
Alabama,  a  decree  of  divorce  must  be  sanctioned  by  two-thirds 


\ 


MABRIAGB   A3TD   DIVORCE.  79 

of  the  Legislature  ;  and  in  Maryland  all  divorces  are  granted  by 
the  Legislature,  on  the  report  of  a  judge  of  Court.  In  all  the 
others  they  are  made  by  authorized  Courts. 

GROUNDS  OF  DIVORCE  IN  THE  DIFFERENT  STATES. — Divorces 
are  of  two  kinds — a  tineutp  matrimonii  (being  a  dissolution  of 
the  marriage  tie),  and  a  mensa  et  thoro  (from  bed  and  board). 

A  divorce  from  bed  and  board  is  granted  in  the  following 
States,  on  the  following  grounds : 

In  Delaware,  Maine,  Maryland,  Massachusetts,  New  York, 
Kentucky,  North  Carolina  and  South  Carolina,  for  abandonment, 
•wilful  desertion  or  utter  desertion ;  in  Alabama,  Connecticut, 
Delaware,  Maine,  Massachusetts,  New  Jersey,  Kentucky,  North 
Carolina,  South  Carolina  and  New  York,  for  cruelty ;  in  Georgia, 
Kentucky,  North  Carolina  and  South  Carolina,  for  habitual 
drunkenness  ;  in  Kentucky,  North  Carolina  and  South  Carolina, 
for  gross  personal  indignities ;  in  Connecticut,  for  same,  render- 
ing life  burdensome ;  in  Maine,  Massachusetts  and  New  Jersey, 
Kentucky,  for  neglect  to  provide  suitably  for  wife ;  in  Georgia, 
for  incompatibility  of  temper,  or  any  cause  deemed  sufficient  by 
the  Court ;  in  North  Carolina,  for  extravagance  of  the  husband, 
such  as  impoverishes  the  family;  and  in  Wisconsin  and  New 
York,  when  the  conduct  of  either  party  renders  it  unsafe  for 
the  other  to  cohabit  with  him  or  her. 

A  divorce  from  the  bonds  of  matrimony  is  granted  in  the  fol- 
lowing States,  on  the  following  grourids. 

In  all  the  States  and  Territories  (except  Utah)  it  is  granted 
for  adultery. 

In  the  former  Slave  States  it  is  granted  for  marriages  between 
a  white  and  negro  or  mulatto. 

In  all  the  States  (except  Alabama,  Connecticut,  New  Jersey, 
New  York  and  Vermont)  it  is  granted  for  impotency. 

In  most  of  the  States  and  Territories  (except  Utah)  the  fol- 
lowing are  grounds  on  which  to  grant  it :  All  marriages  within 
the  forbidden  degrees ;  those  effected  by  force  or  fraud ;  where 
either  party  is  already  married ;  where  either  party  was,  at  the 
time  of  the  marriage,  under  the  age  of  consent ;  where  either 
party,  at  the  time  of  the  marriage,  was  of  unsound  mind  or  an 
idiot.  In  some,  however,  among  which  is  New  York,  a  decree, 
declaring  null  and  void  the  marriage  contract,  is  granted  in- 
stead. 

In  Arkansas,  Florida,  Indiana,  Iowa,  Minnesota,  Oregon  and 
Wisconsin,  it  is  granted  for  abandonment  and  willful  desertion 
for  one  year ;  in  Illinois,  Kentucky,  Missouri,  Pennsylvania  and 
Tennessee,  for  the  same  for  two  years ;  in  California,  Connecti- 
cut, Georgia,  Mississippi,  New  Hampshire,  Ohio,  Texas  and  Ver- 
mont, for  the  same  for  three  years;  in  Louisiana,  Michigan,  New 
Jersey  and  Rhode  Island,  for  the  same  f*  r  five  years. 


80  MARRIAGE   AND   DIVORCE. 

Conviction  of  an  infamous  crime  is  ground  for  such  a  divorce 
in  Arkansas,  Illinois,  Indiana,  Iowa,  Louisiana,  Minnesota,  Mis- 
souri, New  Hampshire,  Ohio,  Oregon  and  Tennessee.  Imprison- 
ment for  two  years  is  sufficient  cause  in  California  and  Georgia ; 
for  three  years  in  Michigan,  Vermont  and  Wisconsin  ;  and  for 
seven  years  in  Massachusetts  and  Virginia. 

Extreme  cruelty  is  ground  for  such  a  divorce  in  New  Hamp- 
shire, Maryland,  Rhode  Island,  Pennsylvania,  Georgia,  Kentucky, 
Tennessee,  Ohio,  Louisiana,  Indiana,  Illinois,  Missouri,  Arkansas, 
Michigan,  Florida,  Texas,  Iowa,  "Wisconsin,  California,  Minne- 
sota and  Oregon.  In  Florida,  it  must  have  continued,  at  least, 
one  year,  and  includes  habitual  indulgence  of  violent  and  un- 
governable temper ;  in  Illinois,  at  least,  two  years. 

In  Arkansas,  Florida,  Indiana,  Iowa,  Louisiana,  Minnesota, 
Rhode  Island  and  Wisconsin,  it  is  granted  on  the  ground  of 
habitual  drunkenness  for  one  year;  in  Illinois  and  Missouri,  the 
same  for  two  years ;  in  New  Hampshire,  the  same  for  three  years ; 
and  in  Oregon,  if  contracted  since  marriage. 

In  Arkansas,  Missouri,  Oregon,  Pennsylvania  and  Texas,  it  is 
granted  for  personal  indignities,  outrages  and  excesses  which 
render  life  burdensome;  in  Indiana,  Michigan,  Rhode  Island 
and  Vermont,  for  refusal  or  neglect  of  the  husband  to  provide 
for  the  wife ;  in  California  and  New  Hampshire,  for  the  same 
for  three  years  ;  in  Oregon,  the  same  for  one  year ;  in  Ohio  and 
Rhode  Island,  for  gross  neglect  of  duty  or  misbehaviour ;  in 
Missouri  and  Pennsylvania,  for  endangering  or  attempting  the 
life  of  the  complainant ;  in  Georgia,  for  pregnancy  of  wife  at 
time  of  marriage  without  husband's  knowledge ;  in  Tennessee, 
for  same,  if  wife  is  white,  of  a  black  child ;  in  Connecticut, 
where  either  party  has  been  unheard  of  for  seven  years ;  in  Ver- 
mont, the  same  for  some  years ;  in  Missouri,  for  vagrancy  on  the 
part  of  the  husband ;  in  Indiana,  for  any  cause  the  Court  may 
deem  sufficient ;  in  Iowa,  when  it  is  evident  the  parties  cannot 
live  in  peace  and  happiness  together ;  and  in  New  Hampshire, 
where  either  party  joins  a  sect,  believing  the  relation  of  husband 
and  wife  unlawful,  and  refuses  to  cohabit  with  the  other  for 
three  years. 

In  New  York,  the  imprisonment  for  life  of  either  party  ren- 
ders them  civilly  dead,  and  leaves  the  other  at  liberty  to  marry 
again. 

In  a  divorce  on  the  ground  of  adultery,  the  guilty  party  can- 
not marry  again  during  the  life  of  the  other ;  but  the  innocent 
party  is  free  to  marry  again  at  any  time. 

Custody  of  Children. 

The  custody  of  the  children  of  a  marriage,  during  the  pending 
oi  a  proceeding  for  divorce,  and  subsequently,  will  be  granted, 


MARRIAGE    AND   DIYOKCE.  81 

by  the  tribunal  before  which  the  proceeding  y  pending,  to  the 
party,  in  its  judgment,  most  fitted  to  bring  them  up. 

WHEN  A  DIVORCE  WILL  BE  DENIED.— The  application  for  a 
divorce  for  adultery  will  be  denied  in  the  following  cases : 

1.  Where  the  offence  was  committed  with  the  privity  or  con- 
nivance of  the  complainant. 

2.  Where  the  offence  has  been  forgiven  by  the  complainant, 
either  by  voluntary  cohabitation  after  knowledge  of  the  fact  01 
by  express  condonation  or  forgiveness. 

8.  Where  the  complainant  has  been  guilty  of  a  similar  offence. 
4.  Where  suit  is  not  instituted  within  the  time  prescribed  by 
the  statute  of  limitations. 

Alimony, 

Alimony  is  an  allowance,  either  during  the  pendency  of  a  suit 
for  divorce,  permanent  or  temporary,  granted  to  the  wife,  on  pe- 
tition or  motion,  from  the  estate  of  the  husband.  The  granting 
of  alimony  rests  entirely  in  the  discretion  of  the  proper  tribunal, 
and  when  a  wife  desires  to  commence  a  suit  for  divorce  against 
her  husband,  the  latter  can  be  compelled  to  furnish  her  with 
sufficient  means  to  prosecute  such  complaint.  On  the  event  of 
the  custody  of  children  being  awarded  her,  the  Court  can  order 
an  allowance  for  their  support  from  the  means  of  the  husband. 

Rights  of  Married  Women. 

At  common  law  the  husband  by  marriage  becomes  possessed 
of  the  wife's  entire  property,  and  from-  thenceforth  it  is  entirely 
subject  to  his  control.  The  major  portion  of  the  States,  however, 
have  passed  acts  allowing  married  women  the  exclusive  use  and 
enjoyment  of  all  property  owned  by  them  at  marriage,  and  all 
fc-hich  may  be  acquired  by  them  subsequently. 

In  Alabama,  Arkansas,  California,  Connecticut,  Florida,  Indi- 
ana, Iowa,  Louisiana,  Michigan,  Mississippi,  Missouri,  New  York, 
Pennsylvania,  Rhode  Island,  Texas,  Vermont,  and  Wisconsin, 
the  property  of  a  woman  at  marriage,  together  with  all  she  ac- 
quires after  marriage,  remains  her  own  and  may  be  held  by  her 
free  from  all  liability  for  her  husband's  debts. 

In  Alabama,  Florida,  Indiana,  Louisiana,  and  Michigan,  her 
personal  estate  (and  in  California,  Iowa,  Mississippi,  Missouri, 
Pennsylvania,  Texas  and  Wisconsin  her  separate  estate  generally) 
is  liable  for  her  debts  contracted  before  marriage. 

In  North  Carolina  and  Maryland  (where  all  her  personal  earn- 
ings not  exceeding  one  thousand  dollars  are  also  included)  the 
property  exempt  from  her  husband's  debts  is  confined  to  real 
estate.  The  exemption  only  remains  for  her  life  and  her  chil- 
dren's in  Ohio  and  Connecticut,  and  in  Tennessee  and  Maryland 
for  her  life  alone. 


82  MARRIAGE   AND    DIVORCE. 

In  Kentucky,  Maine,  New  Hampshire  and  North  Carolina  it  ia 
confined  to  her  property  at  marriage. 

In  Wisconsin,  Texas,  Pennsylvania,  Ohio,  North  Caiolina, 
Missouri,  Indiana,  Connecticut,  Arkansas,  and  Alabama,  the  hus- 
band cannot  sell  or  incumber  the  wife's  separate  property  with- 
out her  consent  and  signature ;  in  Georgia  he  cannot  sell  the  real 
estate  of  the  wife  brought  to  him  at  marriage  without  it.  In 
Florida  no  part  of  the  wife's  estate  can  be  conveyed  except  by 
joint  deed  of  husband  and  wife,  and  in  Iowa  no  part  of  the  pro- 
perty of  either. 

In  Arkansas,  Iowa,  Michigan,  Missouri  and  Mississippi,  the 
Trife  cannot  receive  property  from  the  husband  after  marriage. 

In  California  and  New  York  any  married  woman  may  carry ' 
on  business  in  her  own  name. 

In  Massachusetts  a  married  woman  can  hold  property  granted 
to  her  for  her  separate  use,  without  the  intervention  of  a  trustee, 
but  to  render  it  free  from  liability  for  the  husband's  debts,  the 
deed  or  will  conveying  or  devising  it  must  be  recorded  in  the 
manner  laid  down  by  the  statute. 

In  Michigan  and  Vermont  she  cannot  give,  grant  or  sell  any 
part  of  her  individual  estate  without  her  husband's  consent. 

Dower. 

Dower  is  the  right  possessed  by  every  married  woman,  with 
the  exceptions  mentioned  below,  to  the  use,  at  his  death,  of  one- 
third  of  all  the  real  estate  of  her  husband  during  her  life.  In 
California  and  Indiana  the  right  to  dower  has  been  abolished, 
but  in  all  the  other  States  it  is  still  in  force,  and  in  Connecticut 
her  dower  right  is  to  the  use  of  one-third  of  all  which  he  dies 
seized.  Where  f,he  is  entitled  to  dower,  she  must  join  in  every 
conveyance,  mortgage,  &c.,  of  real  estate  by  her  husband,  as 
otherwise  her  right  of  dower  does  not  pass,  and  her  right  of 
dower  cannot  be  assigned  or  conveyed  otherwise  than  by  herself 
personally  or  by  agent  or  attorney  by  instrument  under  her  hand 
and  seal.  A  wife  under  twenty-one  years  of  age  is  incapable  of 
binding  herself  by  any  instrument,  debarring  herself  from  her 
right  to  dower,  and  has  the  option,  on  arriving  at  majority,  of 
ratifying  or  annulling  the  instrument. 

The  wife's  dower  right  operates  against  the  estate  only  after 
all  liens  and  incumbrances  against  the  same  have  been  satisfied 
and  discharged. 

In  the  event  of  a  wife's  being  divorced  for  adultery  she  forfeits 
all  right  to  dower  as  well  as  any  part,,  share  or  interest  in  hia 
personal  property. 

The  right  to  dower  does  not  embrace  cropa  growing  at  hus- 
band's decease  on  such  real  estate,  they  going  to  the  heirs. 


MARRIAGE   AND   DIVORCE.  83 

Eights  of  Widows. 

At  the  death  of  the  husband  without  children  the  widD\v  takes, 
as  a  general  rule,  in  addition  to  her  dower  right,  one  half  of  the 
personal  property  absolutely.  In  Missouri  the  widow  takes  ab- 
solutely all  the  beds,  bedding,  wearing  apparel,  household  furni- 
ture, provisions,  spinning  wheels,  cards,  and  other  implements 
of  industry  necessary  for  the  family ;  also  kitchen  furniture  to 
the  value  of  twenty-five  dollars  and  any  ether  personal  property 
desired,  not  exceeding  two  hundred  dollars  in  value,  and  takes 
all  property  brought  by  her  to  her  husband  at  marriage,  and  one 
half  of  all  property  real  and  personal  after  paying  debts.  In 
Pennsylvania  she  takes,  besides  her  dower,  all  personal  property. 
In  Tennessee  she  takes  all  real  estate  in  fee  simple  after  paying 
the  debts.  In  New  Jersey  she  takes  all  personal  property  owned 
by  her  at  marriage  or  acquired  by  her  subsequently.  In  Ohio 
she  takes  all  articles  of  personal  furniture  owned  by  her  at  mar- 
riage, or  acquired  subsequently,  and  they  cannot  be  sold  to  pay 
the  debts  of  the  estate.  In  California  she  takes  the  whole  of  the 
common  property  of  both  husband  and  wife,  real  and  personal. 
In  Indiana,  where  the  estate  of  the  deceased  is  not  more  than 
three  hundred  dollars,  she  takes  it  all,  free  from  creditors,  in  fee, 
unless  she  marry  again,  in  which  case  she  has  only  a  life  estate, 
the  remainder  descending  to  the  husband's  issue ;  if  the  estate 
is  not  more  than  ten  thousand,  dollars  she  takes  one-third  ;  if 
more  than  ten  and  less  than  twenty  thousand,  one  quarter ;  if 
more  than  twenty,  one-fifth. 

At  the  death  of  her  husband,  leaving  children,  the  general  rule 
is  that  the  widow  takes,  in  addition  to  her  dower  right,  one- 
third  of  the  personal  property  absolutely.  In  Alabama,  however, 
if  there  is  but  one  child  she  .takes  one  half;  if  more  than  one 
and  under  five,  a  child's  share ;  and  if  five  or  more,  one-fifth. 
In  Missouri  she  takes  a  child's  share  of  the  personal  property  ab- 
solutely, or,'if  preferred,  one-third  of  it,  after  payment  of  debts. 
In  Indiana  she  takes  one  half,  if  there  is  but  one  child,  and  one- 
third  if  two  or  more.  In  California  she  takes  one-half  of  the 
common  property  of  both  husband  and  wife,  real  and  personal. 
In  Louisiana  she  is  also  entitled,  in  the  absence  of  a  will,  to  the 
rents,  issues  and  profits  of  the  children's  portions  till  they  attain 
their  majority,  or  she  marries  again. 

In  Missouri  the  widow  is  entitled  to  dower  in  all  property 
leased  for  twenty  years  or  more. 

In  the  event  of  the  husband's  leaving  a  will  containing  de- 
vises or  bequests  to  the  wife,  in  lieu  of  dower,  she  has  her  option 
at  his  death,  whether  to  claim  her  dower  or  to  take  such  devises 
or  bequests  in  its  stead. 

In  Massachusetts,  Michigan,  Minnesota,  Mississippi,  Hew  Jersey, 


84  MARRIAGE   AND   DIVORCE. 

New  Yorj£,  North  Carolina,  Ohio,  .Oregon,  Tennessee  and  Wis- 
consin express  provision  is  made  that  alienage  shall  not  bar  the 
right  ot  the  widow  to  dower  in  land  to  which  the  alien  might 
have  died  entitled. 

Marriage  Certificate. 

I,  Jacob  Miller,  Minister  of  the  Gospel  and  Rector  of  St.  Paul's 
Protestant  Episcopal  Church  at  Smithtown,  Suffolk  County,  and 
State  of  New  York,  do  hereby  certify,  that,  on  the  fourth  day 
of  June,  in  the  year  of  our  Lord  one*  thousand  eight  hundred 
and  sixty  two,  at  the  rectory  of  said  church  at  Smithtown  afore- 
said, I  joined  together  in  Holy  Matrimony,  John  Smith,  of  the 
City,  County  and  State  of  New  York,  and  Jemima  Jenkins,  of 
Jersey  City,  in  the  State  of  New  Jersey,  according  to  the  forms 
and  customs  of  said  church  to  which  I  belong,  in  the  presence 
of  Charles  F.  Banks,  of  said  City  of  New  York,  and  James  T. 
Baker,  of  Raid  Jersey  City,  attesting  witnesses  thereto.  I  further 
certify,  that  the  said  parties  married  by  me  as  aforesaid,  were 
personally  known  to  me  (or,  if  not,  "  were  satisfactorily  proved 
by  the  oath  of  Charles  Banks,  a  person  known  to  me/')  to  be  the 
persons  described  in  this  Certificate,  and  'that  before  I  solemnized 
such  marriage  as  aforesaid,  I  ascertained  that  the  said  John 
Smith  and  Jemima  Jenkins  were  of  sufficient  age  to  contract 
marriage ;  and  after  due  inquiry  made  by  me  at  such  time,  there 
appeared  no  lawful  impediment  to  such  marriage. 

JACOB  MILLTZK. 
Same  by  a  Public  Officer. 

This  is  to  certify,  that  on  the  first  day  of  August,  1852,  I, 
John  Smith,  Mayor  of  the  City  of  Brooklyn,  joined  together 
in  marriage,  at  my  office  in  said  City,  Thomas  Jones,  of  Jamaica, 
Queen's  County,  and  Sarah  Briggs,  of  the  City  of  Chicago  and 
State  of  Illinois,  according  to  the  law  in  such  case  made  and 
provided,  in  the  presence  of  James  Blake,  of  the  City  of  New 
York,  and  Charles  Ambler,  of  Yonkers,  Westchester  County,  New 
York,  attesting  witnesses  thereto.  I  further  certify  (same  as 
preceding  form  to  end,  altering  names.) 

Given  at  my  office,  in  said  City  of  Brooklyn,  the  day  and  year 
abore  mentioned.  JOHN  SMITH,  Mayir. 

Marriage  Settlement, 

This  Indenture,  made  this  tenth  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-seven,  be- 
tween Peter  Grey,  of  the  City,  County  and  State  of  New  York, 
baker,  party  of  the  first  part;  Jane  Smith,  of  the  same  place, 
spinster,  party  of  the  second  part ;  and  William  Johnson  and 
James  Culver,  both  of  the  same  pla«o  merchants,  parties  of  the 
third  part. 


MARRIAGE  AND   DIVORCE.  85 

Whereas  a  marriage  is  intended  to  be  solemnized  between  tho 
said  Peter  Grey  and  the  said  Jane  Smith,  and  in  consideration 
of  such  intended  marriage  the  said  parties  have  agreed  to  bring 
into  settlement,  for  their  benefit  and  for  that  of  the  issue  of  the 
said  intended  marriage,  the  property  following,  that  is  to  say  : 

The  said  Peter  Grey  hath  agreed  so  to  bring  into  settlement. 
(Here  specify  what  property  the  husband  brings  in.) 

And  the  said  Jane  Smith  hath  agreed  so  to  bring  into  settle- 
ment. .(Here  specify  what  property  the' wife  brings  in.) 

And  whereas,  by  two  several  Indentures  of  Assignment  re- 
spectively, being  even  date  herewith  (or  as  the  case  may  be),  the 
said  parties  hereto  of  the  first  and  second  parts,  have  conveyed, 
assigned,  transferred  and  set  over,  all  and  singular  the  said  prop- 
erty to  the  parties  hereto  of  the  third  part,  as  trustees  for  the 
trusts  and  purposes  hereinafter  mentioned,  Now,  therefore,  this 
Indenture  witnesseth,  and  the  parties  hereto  of  the  third  part, 
at  the  request,  and  by  and  with  the  direction  and  consent  pf  the 
gaid  parties  hereto  of  the  first  and  second  parts,  do  hereby  re- 
spectively covenant,  declare  and  agree,  to  and  with  the  said  last- 
named  parties,  their  executors,  administrators  and  assigns,  that 
they,  the  said  parties  hereto  of  the  third  part,  and  the  survivors 
of  them,  and  the  executors,  administrators  and  assigns  of  such 
survivor  shall,  and  will  stand  possessed  of  and  interested  in  the 
gaid  property  so  respectively  assigned  to  them  as  aforesaid :  To 
the  uses  upon  the  trusts,  and  to  and  for  the  ends,  intents  and 
purposes  hereinafter  declared,  that  is  to  say,  upon  trust  when, 
and  as  they,  the  said  trustees  shall,  from  time  to  time  receive,  or 
become  entitled  to  receive,  the  said  property,  either  to  continue 
the  same  in  its  then  present  state,  or,  from  time  to  time,  call  in 
and  convert  the  game  into  money,  and  invest  the  proceeds  thereof 
in  any  Government,  State,  or  real  security  in  the  United  States 
of  America,  and,  from,  time  to  time,  to  vary  the  investment 
thereof,  as  aforesaid,  at  their  or  his  discretion ;  but  every  such 
investment  or  variation  to  be  so  made  as  expressed,  to  be,  from 
time  to  time,  made  with  the  consent  and  by  the  direction  of  the 
gaid  Peter  Grey,  if  then  living,  and  upon  trust  that  they,  the 
said  trustees  do,  and  shall  stand  possessed  of  the  said  securities, 
to  be  so  from  time  to  time  standing  in  their  or  his  name  or 
names  as  aforesaid ;  and  of  the  interest,  dividends,  income  and 
annual  proceeds  thereof,  upon  trust ;  to  pay  such  interest,  divi- 
dends, income  and  annual  proceeds,  from  time  to  time,  to  the 
gaid  Jane  flmith,  during  her  life,  for  her  sole  and  separate  use, 
as  if  she  were  sole  and  unmarried,  apart  from  the  said  Peter 
Grey,  her  intended  husband,  and  not  to  be,  in  any  manner,  sub- 
ject to  his  debts,  control  or  engagements,  but  without  power  to 
her,  the  tald  Jane  Smith,  to  anticipate,  charge  or  incumber  the 
And  from  and  after  the  decease  of  her,  the  said  Jane 


86  MABRIAGB   AND  DIVORCE. 

Smith,  if  the  said  Peter  Grey  shall  survive  her,  then,  upon  trust, 
to  pay  the  same  interest,  dividends,  income  and  annual  proceeds 
to  him,  the  said  Peter  Grey,  during  his  life.  And  from  and  after 
the  decease  of  the  survivor  of  the  said  two  several  parties,  then 
to  stand  possessed  of  the  principal  of  the  same  stocks,  funds 
and  securities,  in  trust  for  the  child  or  children,  if  any  of  the 
s  .id  intended  marriage,  or  for  any  issue  of  any  such  child  or 
children  who,  at  the  time  of  the  appointment  hereinafter  men 
tioned,  shall  have  died  leaving  issue,  then  living,  to  be  divided 
between  or  amongst  them ;  if  more  than  one,  in  such  parts, 
shares  or  proportions,  and  to  be  vested  and  payable,  at  such 
time  or  times,  and  in  such  manner,  as  the  said  Peter  Grey  and 
Jane  Smith  shall,  by  any  deed  or  deeds  executed  by  them,  or  as 
the  survivor  of  them  shall,  by  any  deed  or  deeds  executed  by 
him  or  her,  or  by  his  or  her  last  will  and  testament,  or  by  any 
codicil  thereto,  from  time  to  time,  respectively  direct,  limit  or 
appoint,  Provided,  nevertheless,  that  such  powers  shall  not  be 
exercised  in  favor  of  the  issue  of  any  such  deceased  child  or 
children  to  an  extent  exceeding  the  share  that  their  deceased 

Earent  or  parents  would  have  taken  under  these  presents  in  de- 
lult  of  any  exercise  of  their  powers  of  appointment  by  the  said 
Peter  Grey  and  Jane  Smith,  or  the  survivor  of  them ;  and  in 
default  of  the  exercise  of  the  aforesaid  powers  of  appointment, 
or  either  or  any  of  them,  or  so  far  as  such  exercise,  if  incomplete, 
shall  not  extend,  then  it  is  hereby  further  declared  and  agreed 
that  they,  the  said  trustees,  shall  stand  possessed  of  the  afore- 
said trust  funds  upon  trust  for  all  and  every  the  children  of  the 
said  intended  marriage,  to  be  equally  divided  between  or  amongst 
them,  if  more  than  one  ;  and  if  one,  the  whole  to  go  to  such  one 
child,  the  portions  of  such  children  to  be  vested  in  and  payable 
to  them,  and  transmissible  to  their  issue,  if  any,  on  their  respect- 
ively attaining  the  age  of  twenty-one  years,  or  bein^  married, 
whichever  shall  first  happen,  with 'full  power  for  the  said  trustees 
to  apply  the  income  of  their  expectant  shares,  or  any  part  thereof, 
for  the  maintenance  or  education,  or  for  the  advancement  in  the 
world,  of  any  such  child  or  children  respectively  during  their 
respective  minorities.  And  in  case  there  shall  be  no  child  or  chil- 
dren of  the  said  intended  marriage  who  shall  live  to  attain  a  vested 
interest  in  the  principal  of  the  said  trust  funds  as  aforesaid,  then 
subject  to  the  aforesaid  life  interest,  and  after  the  determination 
thereof  respectively  the  said  trustees  shall  stand  possessed  ot 
the  said  trust  funds,  as  follows,  to  wit :  As  to  the  trust  funds  so 
brought  into  settlement  and  assigned  to  the  said  trustees  by  the 
said  Peter  Grey,  in  trust  for  the  executors,  administrators  or 
assigns  of  him,  the  said  Peter  Grey,  in  like  manner  as  if  he  had 
then  died  unmarried.  And  as  to  the  trust  funds  so  brought 
into  settlement  and  assigned  to  the  said  trustees  by  the  said 


MAERIAGE   AOT)   DIVORCE,  87 

Jane  Smith  upon  trust  for  the  executors,  administrators  and 
assigns  of  her,  the  said  Jane  Smith,  in  like  manner  as  if  she,  tha 
said  Jane  Smith,  had  then  died  unmarried  as  aforesaid,,  with  full 
power  to  her,  the  said  Jane  Smith,  to  dispose  of  her  interest 
therein,  by  will  or  other  testamentary  writing,  notwithstanding 
her  coverture ;  and  to  and  for  no  other  use,  trust,  end,  interest 
or  purpose  whatsoever. 

And  this  Indenture  further  witnesseth,  that  in  consideration  of 
the  premises  and  of  the  said  intended  marriage,  the  said  Peter 
Grey  and  Jane  Smith  do  hereby  covenant  and  agree  to  and  with 
the  trustees  of  these  presents  that  in  case  any  other  moneys,  prop- 
erty or  effects  exceeding  the  sum  of  five  hundred  dollars  at  any 
one  time  shall  at  any  time  hereafter  accrue  to  or  devolve  upon 
the  said  Jane  Smith  by  any  gift,  devise,  bequest  or  inheritancce 
at  any  time  during  the  said  marriage,  that  then  and  in  every  such 
case  and  so  often  as  the  same  shall  happen,  she  the  said  Jane 
Smith  shall  and  will  from  time  to  time  assign,  and  he,  the  said 
Peter  Grey,  shall  and  will  concur  with  the  said  Jane  Smith  in 
assigning  the  same  unto  the  said  trustees  for  the  time  being  of  • 
these  presents  to  be  held  by  them  upon  the  trusts  hereinbefore 
declared  concerning  the  property  so  brought  into  settlement  by 
her,  the  said  Jane  Smith  as  aforesaid,  or  such  and  so  many  of 
them  as  shall  be  there  subsisting,  and  capable  of  taking  effect  in 
like  manner  as  if  the  same  were  originally  brought  into  settle- 
ment as  aforesaid. 

Provided  always,  and  it  is  hereby  declared  and  agreed  that  in 
case  at  any  time  the  trustees  hereby  appointed,  or  cither  of  them 
or  any  future  trustee  or  trustees  of  these  presents  shall  die,  be 
desirous  of  being  discharged  from,  or  refuse,  decline  or  become 
incapable  to  act  in  the  trusts  hereof,  then,  and  in  every  such  case, 
it  shall  and  may  be  lawful  to  and  for  the  said  Peter  Grey  and 
Jane  Smith  or  to  and  for  the  survivors  of  them,  or  after  the  de- 
cease of  such  survivor,  then  to  or  for  the  surviving  or  continuing 
trustee  for  the  time  being,  or  the  executors  or  administrators  of 
the  last  sun  iving  trustee  by  writing  under  their,,  his  or  her  hands 
or  hand  to  appoint  a  new  trustee  or  trustees  of  these  presents 
from  time  to  time  so  often  as  the  same  shall  happen,  who  shall 
thereupon  act  in  the  trusts  thereof  from  time  to  time  either  solely 
or  jointly  with  the  surviving  or  continuing  trustee  or  trustees  for 
the  time  being  in  the  same  manner  and  with  the  same  powers  as 
if  hereby  originally  appointed,  the  said  trust  funds  to  be  there- 
from assigned  and  transferred  so  as  to  become  vested  in  the  then 
trustee  of  these  presents  accordingly  as  often  as,  the  same  shall 
happen..  Provided  also,  and  it  is  hereby  iurther  declared  that 
the  said  trustees  and  other  the  trustee  or  trustees  for  the  time 
being  of  these  presents  shall  each  of  them  be  accountable  only  ioy 
his  own  acts,  and  deeds^  and  for  auch  part  of  the  said  trust  estate 


88  MARRIAGE   AND   DIYORCE. 

as  shall  actually  come  to  his  hands,  and  that  he  and  they  respect- 
ively shall  not  be  answerable  by  reason  of  the  failure  of  any 
banker  or  other  a<*ent,  or  for  the  insufficiency  or  failure  of  any 
security  upon  which  the  said  trust  estate,  or  any  part  thereof, 
shall  be  invested,  provided  such  securities  shall  be  of  the  nature 
and  kind  hereinbefore  mentioned,  or  for  any  other  loss  that  may 
arise  in  the  trusts  aforesaid,  save  only  so  far  as  the  same  shall 
arise  from  his  or  their  own  willful  negligence  or  default  respect- 
ively. 

In  witness  whereof  the  parties  to  these  presents  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered )  PETER  GREY,  [L.  s. 

in  the  presence  of    \  JANE  SMITH,  [L.  s. 

JAMES  COOK,  WILLIAM  JOHNSON,    L.  s. 

DANIEL  MARVIN.          JAMES  CULVER,        [L.  s. 

Assignment  under  Preceding  Form, 

This  Indenture,  made  this  tenth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-seven,  between 
Peter  Grey  of  the  City,  County  and  State  of  New  York,  party  of 
the  first  part,  and  William  Johnson  and  James  Culver,  both  of 
the  same  place,  parties  of  the  second  part :  Whereas  a  marriage 
has  been  agreed  upon,  and  is  about  to  be  solemnized  between 
the  said  Peter  Grey  and  Jane  Smith,  of  the  City  of  New  York 
aforesaid,  and  upon  the  treaty  for  the  said  marriage,  it  was  agreed 
that  all  the  property  hereinafter  mentioned  should  be  assigned 
to  the  parties  hereto  of  the  second  part,  upon  the  trusts  herein- 
after declared  concerning  the  same.  Now  this  Indenture  wit- 
nesseth  that  in  pursuance  of  said  agreement,  and  in  consideration 
of  the  premises,  he,  the  said  Peter  Grey,  doth  hereby  assign, 
transfer  and  set  over  unto  the  said  parties  of  the  second  part, 
their  executors,  administrators  and  assigns,  all  that  (here  give  a 
full  description  of  the  property)  and  all  the  right  title,  trust, 
property,  claim  and  demand  whatsoever  of  him,  the  said  Peter 
Grey,  of,  in  and  to  the  premises  hereby  assigned  or  expressed  and 
intended  so  to  be,  and  every  part  thereof,  together  with  full  power 
and  authority  to  ask,  demand,  sue  for,  recover  and  receive,  and 
give  effectual  discharges  for  the  premises  and  every  part  thereof. 
To  have,  hold,  receive  and  take  the  premises  hereby  assigned  or 
intended  so  to  be  to  them,  the  said  parties  hereto  of  the  second 
part,  their  executors,  administrators  and  assigns.  Upon  Trust 
to  stand  possessed  of  the  said  premises  upon  the  trusts  and  to 
and  for  the  ends,  intents  and  purposes,  and  with,  under  and  sub- 
ject to  the  powers,  provisions,  declarations  and  agreements  of, 
and  concerning  the  said  premises  declared  by  and  contained  iu 
&  certain  other  indenture  bearing  even  date  herewith  and  made 
between  the  said  Peter  Grey  of  the  first  part,  the  said  Jane  Smith 


jfA&BIAGE   AND   DIVORCE.  89 

of  the  second  part,  and  the  said  William  Johnson  and  Jamea 
Culver  of  the  third  part,  being  the  settlement  made  upon  the 
marriage  of  the  said  Peter  Grey  and  Jane  Smith,  and  he  the  said 
Peter  Grey  doth  hereby  irrevocably  appoint  the  said  parties 
hereto  of  the  second  part,  or  the  survivor  of  them  or  the  execu- 
tors, administrators  and  assigns  of,  such  survivor  his  lawful  at- 
torney and  attorneys  to  receive,  collect  and  get  in  the  said  prem- 
ises so  assigned,  and  each  and  every  part  thereof,  and  for  him, 
and  in  his  behalf  to  give,  sign  and  execute  full  and  sufficient 
receipts,  releases,  acquittances  or  other  discharges  for  the  same 
and  every  part  thereof,  and  which  it  is  hereby  declared  and 
agreed  shall  fully  and  effectually  release  and  discharge  the  per- 
son or  persons  paying  the  same  from  all  liability  to  see  to  the 
application  of  the  moneys  therein  expressed  to  be  received.  And 
lastly,  the  said  Peter  Grey,  party  hereto  of  the  first  part,  doth 
hereby  covenant,  promise  and  agree  with  and  to  the  said  parties 
of  the  second  part,  their  executors,  administrators  and  assigns, 
that  he,  the  said  party  hereto  of  the  first  part,  shall  and  will, 
whenever  thereunto  requested,  make,  execute  and  do  all  and 
every  such  assignments,  assurances,  acts,  deeds,  matters  and  things 
for  the  further  and  better  assigning,  assuring  and  vesting  the  said 
premises  hereby  assigned  as  aforesaid  unto  and  in  them  the  said 
parties  hereto  of  the  second  part,  and  enabling  them  to  receive 
and  collect  the  same  to  be  held  by  them  upon  the  trusts  afore- 
said as  by  the  said  parties  of  the  second  part  shall  from  time  to 
time  be  reasonably  desired,  advised  or  required. 

In  witness  whereof  the  said  party  of  the  first  part  to  these  pres- 
ents hath  hereunto  set  his  hand  and  seal  the  day  and  year  first 
above  written. 

Sealed  and  delivered  in  )  Pir-rim  tt^Fv      FT    a  1 

the  presence  of        f  PETER  GKEY,     [L.  s.J 

ABIATHAK  WELLWOOD, 

JOHN  T.  SNOOKS. 

N.  B. — If  any  assignment  by  the  wife,  it  is  expedient,  for  the 
purpose  of  avoiding  the  possibility  of  any  legal  objection,  that 
the  husband  join  with  her.* 

Article  of  Separation  between  Husband  and  Wife. 

This  Indenture  of  three  parts,  made  the day  of ,  one 

thousand  eight  hundred  and ,  between  A.  B.,  of  the  city  of 

— ,  of  the  first  part,  and  C.  D.,  his  wife,  of  the  second  part,  and 
E.  F.,  trustee  of  the  said  C.  D.,  of  the  third  part :  Whereas,  divers 

*  The  above  have  been  drawn  very  fully  and  with  great  care,  embracing  every 
contingency  that  would  be  ordinarily  likely  to  arise.  From  the  preceding  forma, 
almost  any  other  description  of  settlement  can  be  drawn,  as  the  formal  parts  are 
applicable  to  all  settlements,  and  the  changes  in  the  other  portions  only  consist  la 
conforming  them  to  the  facts. 


90  MARRIAGE   AND   DIVORCE. 

disputes  and  unhappy  differences  have  arisen  between  the  said 
party  of  the  first  part,  and  his  said  wife,  for  which  reason  they 
have  consented  and  agreed  to  live  separate  and  apart  from  each 
other  during  their  natural  life ;  therefore,  this  Indenture  witnesseih, 
That  the  said  party  of  the  first  part,  in  consideration  of  the  prem- 
ises, and  in  pursuance  thereof,  doth  hereby  covenant,  promise 
and  agree,  to  and  with  the  said  trustee,  and  also  to  and  with  his 
said  wile,  that  it  shall  and  may  be  lawful  for  her,  his  said  wife, 
at  all  times  hereafter,  to  live  separate  and  apart  from  him  ;  and 
that  he  shall  and  will  allow  and  permit  her  to  reside  and  be 
in  such  place  and  places,  and  in  such  family  and  families,  and 
with  such  relations,  friends  and  other  persons,  and  to  follow  and 
carry  on  such  trade  or  business  as  she  may  from  time  to  time 
choose,  or  think  fit  to  do  ;  and  that  he  shall  not,  or  will  at  any 
time  sue,  or  suffer  her  to  be  sued,  for  living  separate  and  apart 
from  him,  or  compel  her  to  live  with  him,  or  sue,  molest,  dis- 
turb or  trouble  her  for  living  separate  and  apart  from  him,  or 
any  other  person  whomsoever,  for  receiving,  entertaining,  or 
harboring  her ;  and  that  he  will  not,  without  her  consent,  visit 
her,  or  knowingly  enter  any  house  or  place  where  she  shall 
dwell,  reside,  or  be,  or  send,  or  cause  to  be  sent,  any  letter  or 
message  to  her ;  nor  shall,  or  will,  at  any  time  hereafter,  claim 
or  demand  any  of  her  money,  jewels,  plate,  clothing,  household 
goods,  furniture,  or  stock  in  trade,  which  she  now  hath  in  her 
power,  custody  or  possession,  or  which  she  shall  or  may  at  any 
time  hereafter  have,  buy  or  procure,  or  which  shall  be  devised 
or  given  to  her,  or  that  she  may  otherwise  acquire  ;  and  that  she 
shall  and  may  enjoy  and  absolutely  dispose  of  the  same,  as  if 
she  were  a  feme  sole  and  unmarried  ;  and  further,  that  the  said 
party  of  the  first  part  shall  and  will  well  and  truly  pay,  or  cause 
to  be  paid  unto  her,  his  said  wife,  for  and  towards  her  better 

support  and  maintenance,  the  yearly  sum  of dollars,  free 

and  clear  of  all  charges  and  deduetions  whatever,  for,  and  dur- 
ing her  natural  life,  at,  or  upon  the  first  days  of  January,  April, 
July  and  October,  in  each  and  every  year  during  her  said  nat- 
ural life,  which  the  said  trustee  doth  hereby  agree  to  take,  in 
full  satisfaction  for  her  support  and  maintenance,  and  all  alimony 
whatever.  And  the  said  trustee,  in  consideration  of  the  sum  of 
one  dollar,  to  him  duly  paid,  doth  covenant  and  agree,  to,  and 
with  the  said  party  of  the  first  part,  to  indemnify  and  bear  him 
harmless  of,  and  from  all  debts  of  his  said  wife,  contracted,  or 
that  may  hereafter  be  contracted  by  her,  or  on  her  account ;  and 
if  the  said  parties  of  the  first  part  shall  be  compelled  to  pay  any 
such  debt  or  debts,  the  said  trustee  hereby  agrees  to  repay  the 
Bame  on  demand,  to  the  said  party  of  the  first  part,  Vith  all 
damage  and  loss  that  ha  may  sustain  thereby, 
In  witness,  etc,,  [as  in  Marriage  Settlement.] 


BIGHTS    OF   MAREIED    WOMEN.  91 


KIGHTS    Oin 


New  York  State  laics  concerning  the  rights  of  married  women  U 
conduct  business,  irrespective  of  the  husband-,  and  without  being 

liable  for  his  debts.  >. 

f 

The  property,  both  real  and  personal,  which  any  married 
woman  now  owns  as  her  sole  and  separate  property  ;  that  which 
comes  to  her  by  descent,  devise,  bequest,  gift,  or  grant  ;  that 
which  she  acquires  by  her  trade,  business,  labor,  or  services  ear- 
ned on  or  performed  on  her  sole  or  separate  account  ;  that  which 
a  woman,  married  in  this  State,  owns  at  the  time  of  her  mar- 
riage, and  the  rents,  issues  and  proceeds  of  all  such  property, 
shall,  notwithstanding  her  marriage,  be  and  remain  her  own  and 
separate  property  ;  and  may  be  used  and  collected  and  invested 
by  her  in  her  own  name,  and  shall  not  be  subjected  to  interfer- 
ence or  control  by  her  husband,  or  liable  for  his  debts,  except 
such  debts  as  may  have  been  contracted  for  the  support  of  her- 
self or  her  children,  by  her  as  his  agent. 

A  married  woman  may  bargain,  sell,  assign  and  transfer  her 
separate  personal  property,  and  carry  on  any  trade  or  business, 
and  perform  any  labor  or  services  on  her  sole  and  separate 
account  ;  and  the  earnings  of  any  married  woman  from  her 
trade,  business,  labor,  or  services,  shall  be  her  sole  and  separate 
property,  and  may  be  used  and  invested  by  her  in  her  own  name. 

Any  married  woman  possessed  of  real  estate  as  her  separate 
property,  may  bargain,  sell  and  convey  such  property  and  enter 
into  any  contract  in  reference  to  the  same,  with  the  like  effect  in 
all  respects  as  if  she  were  unmarried  ;  and  she  may,  in  like  man- 
ner, enter  into  any  such  covenant  or  covenants  for  title,  as  are 
usual  in  conveyance  of  real  esta'te,  which  covenants  shall  be 
obligatory  to  bind  her  separate  property  in  case  the  same  or  any 
of  them  be  broken. 

Any  married  woman  may,  while  married,  sue  and  be  sued  in 
all  matters  hayin^  relation  to  her  sole  and  separate  property,  o/ 


92  WILLS. 

which  may  hereafter  come  to  her  by  descent,  devise,  bequest, 
purchase,  or  the  gift  or  grant  of  any  person,  in  the  same  manner 
as  if  she  were  sole ;  and  any  married  woman  may  bring  and 
maintain  an  action  in  her  own  name,  for  damages  against  any  per- 
son or  body  corporate,  for  any  injury  to  her  person  or  character, 
ihe  same  as  if  she  were  sole  ;  and  the  money  received  upon  the 
settlement  of  any  such  action,  or  recovered  upon  a  judgment, 
?  shall  be  her  sole  and  separate  property.  In  case  it  shall  be  neces- 
sary, in  the  prosecution  or  defence  of  any  action  brought  by  or 
against  a  married  woman,  to  enter  into  any  bond  or  undertaking, 
such  bond  or  undertaking  may  be  executed  by  such  married 
woman  with  the  same  effect,  in  all  respects,  as  if  she  were  sole ; 
and  in  case  the  said  bond  or  undertaking  shall  become  broken 
or  forfeited,  the  same  may  be  enforced  against  her  separate  estate. 
No  bargain  or  contract  made  by  any  married  woman  in  respect 
to  her  sole  and  separate  property,  or  any  property  which  may 
hereafter  come  to  her  by  descent,  devise,  bequest,  purchase,  or 
the  gift  or  grant  of  any  person  except  her  husband,  and  no  bar- 
gain or  contract  entered  into  by  any  married  woman  in  or  about 
the  carrying  on  of  any  trade  or  business,  under  any  statute  of 
this  State,  shall  be  binding  upon  her  husband,  or  render  him  or 
his  property  in  any  way  liable  therefor. 


WILLS. 

ALL  persons  of  sound  mind,  except  infants  and  married  wo- 
men, are  legally  entitled  to  dispose  of  their  property  by  will ; 
and  infants  of  the  age  of  fourteen,  if  males,  and  twelve,  if  females, 
may  make  wills  of  personal  property.  But  this  rule  of  the  com- 
mon law  has  been  generally  modified  by  Statute :  for  instance,  in 
New  York  the  Statute  has  removed  the  disability  of  married 
women  and  has  increased  the  restriction  laid  upon  infants,  pre- 
scribing, that  personal  property  may  be  willed  by  males  at  the 
age  of  eighteen,  and  by  females  at  sixteen. 

In  making  a  will,  the  intention  of  the  testator  (the  person  mak- 
ing the  will)  should  be  fully  and  plainly  ttated  ;  if  the  testator 
intends  to  give  the  property  for  a  certain  number  of  years,  or  for 
life,  or  for  ever,  he  should  say  so  ;  he  ought  also  to  describe  the 
property  with  reasonable  certainty,  as,  for  instance,  "  my  hou  se 
and  lot  known  as  No.  65  Bond  street,  New- York,"  or,  "  my  six 
houses  and  lots  known  as  Nos.  81,  83,  85,  87,  89  and  91  Pear- 


WILLS.  93 

street,"  or,  "  niy  farm  of  one  hundred  and  sixty  acres,  in  Clave* 
rack,  Columbia  county,  State  of  New- York,"  or,  "my  gold 
watch,"  or,  "  my  horse,"  &c.,  &c. 

All  wills  muse  be  made  in  writing,  with  the  testator's  full  name 
at  the  end.  In  the  States  of  Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island,  Connecticut,  Alabama,  Florida, 
Georgia,  Louisiana,  Maryland,  Michigan,  Minnesota,  Mississippi, 
Oregon,  South  Carolina;  and  Wisconsin,  a  will  must  be  attested  by 
three  subscribing  witnesses  ]  in  Delaware,  Virginia,  Indiana,  North 
Carolina,  Tennessee,  Kentucky,  Ohio,  Illinois,  Missouri,  Alabama* 
Arkansas,  California,  Iowa,  Texas,  Utah,  New-Jersey,  and  New- 
York,  by  two  subscribing  witnesses.  In  Pennsylvania  no  sub 
scribing  witnesses  are  required,  provided  the  signature  to  the  will 
can  be  proved  by  the  oaths  of  two  respectable  witnesses. 

A  will  may  be  revoked  at  any  time  by  the  testator,  and  another 
made,  either  by  himself  or  iii  his  presence  and  by  his  direction. 

A  codicil  is  an  addition  or  supplement  to  a  will,  and  must  be 
executed  with  the  same  formality — that  is,  in  the  presence  of  tho 
same  number  of  witnesses. 

Witnesses  should  always  write  their  respective  places  of  resi- 
dence after  their  name.     Every  person  who  shall  sign  the  testator7 
name  to  a  will  by  his  direction,  must  write  his  own  name  as  a  wit 
ness  to  the  will  in  the  presence  of  two  other  witnesses. 

Nuncupative  (unwritten)  wills  are  always  unsafe  j  and,  although 
they  are  legal  under  many  circumstances,  they  rarely  fail  to  leave 
room  for  troublesome  and  expensive  litigation. 

Marriage  and  the  birth  of  a  child  after  the  execution  of  a  will 
imply  a  revocation  of  such  will,  of  real  and  of  personal  property^ 
provided  such  wife  and  child  were  unprovided  for;  but  in  case  the 
wife  and  child  are  provided  for.  by  settlement  or  otherwise,  the 
will  is  good. 

The  will  of  a  single  woman  is  annulled  in  law  by  her  marriage. 
But  a  woman  may  make  a  deed  of  settlement  of  her  estate  before 
marriage  which  shall  empower  her  to  retain  her  right  to  make  » 
will  after  marriage. 

A  sale  of,  or  an  agreement  to  sell,  property  devised  in.  a  will,  is 
a  legal  revocation  of  such  will. 

Children  born  after  the  execution  of  a  will,  and  not  provided  for 


04  wnxs. 

oy  pottlemcmt,  aro  entitled,  at  the  death  of  the  tcstatoi  to  Buoh 
share  of  the  property  as  they  would  have  had  if  no  will  had'  beon 
made. 

Any  provision  made  in  a  will  for  the  wife  of  the  testator  will  not 
exclude  her  legal  claim  to  dower  also,  unless  such  provision  be 
expressly  stated  to  be  in  lieu  of  dower. 

A  devise  to  a  subscribing  witness  is  void ;  but  such  devise  does 
oot  affect  tho  validity  of  the  will  itself. 

The  term  heirs,  or  other  words  of  inheritance,  may  be  used  in  a 
will,  but  they  are  not  called  for  by  law. 

Property  may  not  be  devised  to  a  corporation,  unless  such  cor 
poratiou  is  authorized  by  its  charter  to  receive  bequests  by  will. 

Bequests  of  property  to  aliens  not  authorized  by  law  to  hold 
property  are  void. 

Incumbrances  upon  a  testator's  real  or  personal  estate  does  not 
affect  the  validity  of  his  will ;  but  the  devises  and  legacies  therein 
are  subject  to  such  incumbrance. 

All  debts  and  other  incumbrances  must  be  settled  previous  to  the 
distribution  of  the  gifts  to  the  devisees  (the  parties  to  whom  the 
bequests  are  made). 

The  authenticity  of  a  will  must  be  proved  before  the  Surrogate 
of  the  county  in  which  it  is  made ;  should  the  decision  of  the  Sur- 
rogate be  unsatisfactory  to  the  parties  interested,  an  appeal  may 
be  made  by  all  or  either  of  them  to  the  circuit  judge  of  the  circuit 
court ;  should  the  decision  of  the  latter  bo  equally  unsatisfactory, 
an  appeal  may  be  made  to  the  court  of  chancery ;  in  case  this 
should  also  be  unsatisfactory,  a  further  appeal  may  be  made  to  tho 
Supreme  Court,  whose  decision  is  final ;  a  record  of  which  decision 
must  then  be  made  by  the  Surrogate.  The  cost  and  expenses  of 
such  appeal  must  be  paid  by  the  party  or  parties  appealing,  in 
case  of  his  or  their  failure  to  impeach  the  validity  of  the  will ; 
but  if  he  or  they  succeed  in  impeaching  the  will,  the  costs  must  be 
paid  by  the  contesting  party,  either  personally  or  out  of  the  effects 
of  the  deceased. 

No  person  can  be  an  executor  of  a  will  who,  at  the  time  the  will 
ID  Droved,  is  either  an  alien,  under  twenty-one  years  of  age,  a  drunk 
ara,  a  convict  or  deficient  in  understanding. 

An  executor  ot  a  will  may  renounce  such  appointment  by  ao 


WILLS.  95 

instrument  signed  before  two  witnesses,  which  instrument  must  b<3 
recorded  by  the  Surrogate  before  whom  the  will  was  proved. 
Should  all  the  executors  refuse  to  serve,  then  power  shall  be  granted 
to  the  'residuary  legatees,  or  some  one  of  them,  to  act  in  their 
place ;  if  the  legatees  will  not  serve,  then  to  the  widow  and  next 
of  kin,  if  there  be  any ;  if  none,  then  to  any  creditor  of  the  testa- 
tor; if  none,  then  to  the  public  administrator. 

In  case  a  man  should  die  intestate,  (without  leaving  a  will), 
power  to  administer  his  property  shall  be  granted  in  the  following 
order :  1st,  to  the  widow ;  should  there  be  none,  then,  2d,  to  the 
sons ;  should  there  be  none,  then,  3d,  to  the  father  ;  4th,  to  the 
brothers ;  5th,  to  the  sisters ;  6th,  to  the  grandchildren ;  7th,  to 
any  other  of  the  next  of  kin.  If  any  of  the  persons  so  entitled  are 
minors,  then  to  their  guardians  ;  if  the  relatives  or  guardians  will 
not  accept,  then  to  the  creditors  of  the  deceased,  the  creditor  first 
applying,  if  otherwise  competent,  to  have  the  preference. 

In  case  a  married  woman  should  die  intestate,  her  husband  is 
entitled  to  administer  her  property  in  preference  to  all  other  per- 
sons, provided  he  be  of  sound  mind.  He  is  liable  for  her  debts 
only  to  the  extent  of  the  assets  received  by  him. 

In  New  York  and  some  other  States,  if  a  married  woman  who 
holds  real  estate  in  her  own  name,  dies  without  making  a  will, 
her  real  estate,  if  she  leaves  children,  goes  to  them,  but  the  hus- 
band has  a  life  interest  in  the  use  of  it ;  but  if  she  leaves  no  chil- 
dren, then  the  real  estate  goes  to  her  heirs  at  law,  of  whom  the 
husband  is  not  one. 


A  Will  of  Real  Estate. 

THE  last  will  and  testament  of  A.  C..  &c.  I,  A.  C.,  considering 
the  uncertainty  of  this  mortal  life,  and  being  of  sound  mind  and 
memory,  (blessed  bo  Almighty  God  for  the  same  !)  do  make  and 
publish  this  my  last  will  and  testament,  in  manner  and  form  fol- 
lowing, (that  is  to  say  :)  First,  I  give  and  bequeath  unto  my  be- 
loved wife  J.  C.,  the  sum  of .  ]tem,  I  give  and  bequeath  to 

my  eldest  son  G.  C.-,  the  sum  of .     Itrm,  I  give  and  bequeath 

unto  my  two  younger  sons,  J.  C.  and  F.  C.,  the  sum  of each. 

Jtem,  I  give  and  bequeath  to  my  daughter-in-law,  S.  IJ.,  widow. 

the  sum  of ;  which  said  several  legacies  or  sums  of  money  I 

will  and  order  to  be  paid  to  the  said  respective  legatees,  within 
siz  months  after  my  decease.  I  further  give  and  devise  to  my 
said  eldest  son  G.  C.,  his  heirs  and  assign^  all  that  messuage  or 


96  WILLS. 

tenement,  situated,  lying,  and  being  in,  &c.,  together  with  till  my 
other  freehold  estate  whatsoever,  to  hold  to  him  tho  said  G.  (.-.,  hia 
heirs  and  assigns,  forever.  And  I  hereby  give  and  bequeath  to  my 
aaid  younger  sons,  J.  C.  and  F.  C.,  all  my  leasehold  estate,  of  and 
in  all  those  messuages  or  tenements,  with  the  appurtenances,  situ- 
ate, &c.,  equally  to  he  divided  between  them.  And  lastly,  as  to  all 
tho  rest,  residue,  and  remainder  of  my  personal  estate,  goods,  and 
chattels,  of  what  kind  and  nature  soever,  I  give  and  bequeath  the 
eame  to  my  said  beloved  wife,  J.  C.,  whom  I  hereby  appoint  sole 
executrix  of  this  my  last  will  and  testament,  hereby  revoking  all 
former  wills  by  me  made. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 

day  of ,  in  the  year  of  our  Lord   one   thousand  . 

A.C.  [L.S.] 

.  The  above  instrument,  consisting  of  one  fcheet,  {or,  of  two  sheets,) 
was  now  here  subscribed  by  A.  C.,  the  testator,  in  the  presence  of 
each  of  us;  and  was  at  the  same  time  declared  by  him  to  be  his  last 
will  and  testament ;  and  we,  at  his  request,  sign  our  names  hereto, 
as  attesting  witnesses. 

D.  F.,  residing  at ,  in County 

G.  H.,  residing  at ,  in County. 

[Or,  if  the  witnesses  do  not  see  the  testator  subscribe  the  will,  it  may 
be  attested  by  his  acknowledgment  in  the  following  form.] 

The  above  instrument  of  one  sheet  (or,  of  two  sheets)  was,  at 
the  date  thereof,  declared  to  us  by  the  testator,  A.  C.,  to  be  his  last 
will  and  testament ;  and  he  then  acknowledged  to  each  of  us,  that 
he  had  subscribed  the  same  :  and  we,  at  his  request,  sign  our  names 
hereto  as  attesting  witnesses. 

D.  F.,  residing  at ,  in County. 

G.  II.,  residing  at ,  in County. 

Codicil  to  a  Will. 

WHEREAS  I,  A.  C.,  of,  &c.,  have  made  my  last  will  and  testa 
ment  in  writing,  bearing  date,  &c.,  [and  have  thereby,  &c.  &c.]  Now 
I  do  by  this  my  writing,  which  I  hereby  declare  to  be  a  codicil  to 
my  said  will,  to  be  taken  as  a  part  thereof,  [will  and  direct,  &c. 
&c.,]  give  and  bequeath  to  my  niece  M.  S.,  one  gold  watch,  one 
large  diamond  ring,  and  one  silver  coffee-pot.  And  whereas,  in 
in  and  by  my  last  will  and  testament,  I  have  given  and  bequeathed 

to  my  daughter-in-law  G.  H.,  the  sum  of ,  I  do  hereby  order 

and  declare,  that  my  wii!  is  that  only  the  sum  of be  paid 

unto  her,  in  full  of  the  said  legacy  I  have  as  aforesaid  given  and 
bequeathed  unto  her;  and  that  the  remaining  part  of  the  said 
legacy  be  given  and  paid  to  my  nephew  E.  G.  And  lastly,  it  is 
my  desire  that  this  my  present  codicil  be  annexed  to,  and  made 
a  part  of  my  last  will  and  testament,  to  all  intents  and  purposeb 


\VILLS.  Q5 

In  witness  wheicof,  I  have  hereunto  set  my  hand  and  seal,  tins 

day  of -,  &o.  A.  C.    [L.  s.] 

The  above  instrument  of  one  sheet  was,  at  the  date  thereof,  de- 
clared to  us  by  the  testator,  A.  C.,  to  be  a  codicil  to  be  annexed  to 
his  last  will  and  testament;  and  he  acknowledged,  to  each  of  us, 
that  he  had  subscribed  the  same  ;  and  we,  at  his  request,  sign  our 
names  hereto  as  attesting  witnesses. 

D.  P.,  residing  at ,  in County. 

G.  II.,  residing  at in County. 


General  Form,  disposing  of  an  Estate  in  Legacies. 

KNOW  all  men  by  these  presents,  that  I,  T.  T.,  of  — — ,  in  the 

county  of ,  and  State  of ,  gentleman,  being  in  good  health, 

[or,  in  ill  health,  as  the  case  may  be,]  and  of  sound  and  disposing 
mind  and  memory,  do  make  and  publish  this  my  last  will  and  tes- 
tament, hereby  revoking  all  former  wills  by  me  at  any  time  here- 
tofore made. 

First.  I  hereby  constitute  and  appoint  my  wife,  E.  T.,  to  be  sole 
executrix  of  this  my  last  will,  directing  my  said  executrix  to  pay 
all  my  just  debts  and  funeral  expenses,  and  the  legacies  hereinafter 
given,  out  of  my  estate. 

Second.  After  the  -payment  of  my  san?.  debts  and  funeral  expen 
ees,  I  give  to  each  of" my  children,  T.  H.  T.,  E.  A.  T.,  M.  P.  T.,  and 

A.  S.  T.,  the  sum  of dollars,  to  be  paid  to  each  of  them  as 

soon  after  my  decease,  but  within  one  year,  as  conveniently  may 
be  done. 

Third.  And  for  the  payment  of  the  legacies  aforesaid,  I  give  and 
devise  to  my  said  executrix  all  the  personal  estate  owned  by  me  at 
my  decease,  (except  my  household  furniture  and  wearing  apparel,) 
and  so  much  of  my  real  estate  as,  when  sold  by  leave  of  the  court 
of  probate,  will  be  sufficient,  in  addition  to  the  said  personal  estate 
herein  given,  to  pay  the  said  legacies. 

Fourth.  I  give  to  my  said  executrix,  all  my  household  furniture 
and  wearing  apparel,  for  her  sole  use. 

Fifth.  I  devise  to  my  said  executrix  all  the  rest  and  residue  of 
my  real  estate,  BO  long  as  she  shall  remain  unmarried,  and  my 
widow,  with  remainder  thereof,  on  her  decease  or  marriage,  to  my 
said  children  and  their  heirs,  respectively,  share  and  share  alike. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  seal,  and 
publish  and  declare  this  to  be  my  last  will  and  testament,  in  the 

presence  of  the  witnesses  named  below,  this  day  of ,  in 

in  the  year 

T.  T.  [L.  s.] 

This  will  must  be  attested  in  the  same  manner  as  in  the  preco. 
forms, 


WILLS. 

General  Form,  disposing  of  both  Real  and  Personal  Estate. 

IN  the  name  of  God,  Amen.  I,  A.  B.,  of,  &c.,  being  in  good 
bodily  health,  and  of  sound  and  disposing  mind  and  memory,  call. 
ing  to  mind  the  frailty  and  uncertainty  of  human  life,  and  being 
desirous  of  settling  my  worldly  affairs,  and  directing  bow  the 
estates  with  which  it  has  pleased  God  to  bless  me,  shall  be  dis- 
posed of  after  my  decease,  while  1  have  strength  and  capacity  so 
to  do,  do  make  and  publish  this  my  last  will  and  testament,  hereby 
revoking,  and  making  null  and.  void,  all  other  last  wills  and  testa- 
ments by  me  heretofore  made.  And,  first,  I  commend  my  immortal 
being  to  Him  who  gave  it,  and  my  body  to  the  earth,  to  be  buried 
with  little  expense  or  ostentation,  by  my  executors  hereinafter 
named. 

And  as  to  my  worldly  estate,  and  all  the  property,  real,  personal, 
or  mixed,  of  which  I  shall  die  seized  and  possessed,  or  to  which  I 
shall  be  entitled  at  the  time  of  my  decease,  I  devise,  bequeath,  and 
dispose  thereof  in  the  manner  following,  to  wit : 

Imprimis.  My  will  is,  that  all  my  just  debts  and  funeral  charge* 
shall,  by  my  executors  hereinafter  named,  be  paid  out  of  my  estate, 
as  soon  after  my  decease  as  shall  by  them  be  found  convenient. 

Item.  I  give,  devise,  and  bequeath  to  my  beloved  wife,  C.  B.,  all 
my  household  furniture,  and  my  library  in  my  mansion  or  dwelling 
house,  my  pair  of  horses,  coach,  and  chaise, -and  their  harnesses; 
and  also  fifteen  thousand  dollars,  in  money,  to  be  paid  to  her  by  mj 
executors  hereinafter  named,  within  six  months  after  my  decease  : 
to  have  and  to  hold  the  same  to  her,  and  her  executors,  administra-' 
tors,  and  assigns  forever.  I  also  give  to  her  the  use,  improvement 
and  income  of  my  dwelling-house,  hind,  and  its  appurtenances,  situ, 

ated  in ,  my  warehouse,  land,  and  its  appurtenances,  situated 

in ,  to  have  and  to  hold  the  same  to  her  for  and  during  her 

natural  life. 

Item.  I  give  and  bequeath  to  my  honored  mother,  O.  B.,  two 
thousand  dollars,  in  money,  to  be  paid  to  her  by  my  executors  here- 
inafter named,  within  six  months  after  my  decease ;  to  be  for  tho 
sole  use  of  herself,  her  heirs,  executors,  administrators,  and  as- 
signs. 

Item.  I  give,  devise,  and  bequeath  to  my  son  E.  B.  the  reversion 
or  remainder  of  my  dwelling  or  mansion-house,  land,  and  its  appurte- 
nances, situated  in ,  and  all  profit,  income,  and  advantage  that 

may  result  therefrom,  from  and  after  the  decease  of  my  beloved 
wife,  C.  B. ;  to  have'  and  to  hold  the  same  to  him,  the  said  E.  B., 
his  heirs  and  assigns,  from  and  after  the  decease  of  my  said  wife, 
to  his  and  their  use  and  behoof  forever. 

Item.  I  give,  devise,  and  bequeath  to  my  son  T.  B.  the  reversion 
or  remainder  of  iny  warehouse,  land,  and  its  appurtenances,  situ 

ated  in  ,  and  all  the  profit,  income,  and  advantage  that  may 

result  therefrom,  from  and  after  tho  decease  of  my  beloved  wife 


WILLS.  99 

C.  B.     to  have  and  to  hold  the  sarne  to  the  said  F.  B.,  his  heirs  and 

assigns,  from  and  after  the  decease  of  my  said  -wife,  to  his  and 
their  use  and  behoof  forever. 

Item.  All  the  rest  and  residue  of  my  estate,  real,  personal,  01 
mixed,  of  which  I  shall  die  seized  and  possessed,  or  to  which  I 
shall  bo  entitled  at  the  time  of  my  decease,  I  give,  devise,  and  be- 
queath, to  1)0  equally  divided  to  and  among  my  said  sons,  E.  B.  and 
F.  B.  And, 

Lastly.  1  do  nominate  and  appoint  my  said  sons,  E.  B.  and  F.  B., 
to  be  the  executors  of  this  my  last  will  and  testament. 

In  testimony  whereof,  I,  the  said  A.  B.,  have  to  this  my  last  will 
and  .testament,  contained  on  three  sheets  of  paper,  arid  to  every 
sheet  thereof  subscribed  my  name,  and  to  this  the  last  sheet  there- 
of I  have  here  subscribed  my  name,  and  affixed  my  seal,  this 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and .  A.  B.  [L.  s.] 

This  will  must  be  attested  in  the  same  manner  as  in  the  prece* 
ding  forms. 


Form  of  a  Will  of  Goods. 

IN  the  name  of  God,  Arnen.     I,  A.  B.,  of ,  in,  the  county  of 

,  farmer,  being  mindful  of  my  mortality,  do,  this daj  of 

,  in  the  year  of  our  Lord ,  make  and  publish  this  my  last 

will  and  testament,  in  manner  following : 

First.  1  desire  to  be  decently  and  privately  buried  in  the  church- 

yard  at ,  without  any  funeral  pomp,  and  with  as  little  expense 

as  may  be. 

Also,  I  give  and  becmeath  unto  my  son,  J.  B.,  the  sum  of 

Also,  I  give  and  bequeath  unto  my  daughter,  M.  B.,  the 
sum  of . 

To  bo  paid  unto  them  respectively,  so  soon  as  one  yesr  after  my 
decease  shall  be  expired. 

Also,  I  do  forgive  unto  L.  M.  the  sum  of ,  out  of  the  princi- 
pal sum  of 5  which  he  owes  to  me  upon  bond. 

Also,  I  give  to  my  grand-daughters,  A.  and  B.,  children  of  mj 
daughter  C.,  the  sum  of a-piece,  to  be  paid  to  them  respect- 
ively, at  their  respective  ages  of  twenty-one  years,  or  days  of  mar- 
riage, which  shall  first  happen;  the  same  to  be  put  out  to  interest 
at  the  discretion  of  my  executrix,  and  the  interest  accruing  thereby 
to  be  -applied  to  their  education  and  maintenance  respectively,  until 
their  said  respective  ages  or  marriages.  And  in  case  either  of 
them  shall  die  before  the  age  of  twenty-one  years  or  marriage, 
then  I  give  the  share  of  her  so  dying  unto  the  survivor  of  them. 
And  if  both  of  my  said  grand-daughters  shall  happen  to  die  before 
til©  attaining  tho  age  of  t\Yenty-ono  Y<?ars  or  marriage^  then  I  giv« 


J  00  WILLS. 

und  bequeath  the  whole  of  the  said  several  sums  unto  my  daughter 
D.,  if  she  shall  be  then  living. 

Also,  I  give  to  my  wife,  E.  B.,  during  her  life,  the  use  of  all  my 
plate  and  hmsehold  goods,  bedsteads,  bedding,  and  other  furniture ; 
Mid  after  her  decease,  to  remain  to  my  son,  J.  B. 

All  the  rest  and  residue  oi  my  personal  estate,  whatsoever  and 
wheresoever,  of  what  nature,  kind,  and  quality  soever  the  samo 
may  be,  and  not  hereinbefore  given  and  disposed  of,  (after  payment 
of  my  debts,  legacies,  and  funeral  expenses,)  I  do  give  and  bequeath 
unto  my  wife,  E.  Bv  her  executors,  administrators,  and  assigns,  to 
and  for  her  and  their  own  use  and  benefit  absolutely. 

And  I  do  hereby  constitute  and  appoint  my  said  wife,  E.  B.,'solo 
executrix  of  this  my  last  will  and  testament. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  and  year  first  above  written.  A.  B. 

This  will  must  be  attested  in  the  same  manner  as  is  directed  in 
the  preceding  forms. 


Will  of  Lands  and  Goods. 

IN  the  name  of  God,  Amen.  I,  A.  B.,  merchant,  of ,  do 

make  and  declare  this  my  last  •will  and  testament,  in  manner  and 
Form  following : 

First.  I  resign  my  soul  into  the  hands  of  Almighty  God,  hoping 
and  believing  in  a  remission  of  my  sins,  by  the  merits  and  media- 
tion of  Jesus  Christ;,  and  my  boay  I  commit  to. the  earth,  to  bo 
buried  at  the  discretion  of  my  executor  hereinafter  named ;  and 
my  worldly  estate  I  give  and  devise  as  follows  : 

First.  I  give  and  devise  to  my  younger  son,  B.  B.,  all  that  my 

whole  messuage  and  tenement,  situate,  lying,  and  being  at , 

to  have  and  to  hold  to  my  said  son,  B.  B.,  his  heirs  and  assigns 
forever. 

Also,  I  give  and  devise  all  that  my  messuage  and  tenement,  with 

the  appurtenances,  situate,  lying,  and  being  at ,  unto  my 

daughter,  C.  B.,  to  have  and  to  hold  to  my  said  daughter,  C.  B., 
and  her  assigns,  for  and  during  the  term  of  her  natural  life,  with, 
out  impeachment  or  waste;  and  from  and  immediately  after  her 
decease,  I  give  and  devise  the  same  unto  my  said  son,B.  B.,  his 
heirs  and  assigns  forever. 

And  I  do  hereby  give,  devise,  and  bequeath  unto  my  wife,  E.  B., 
and  her  assigns,  for  and  during  the  term  of  her  natural  life,  ono 

annuity,  or  clear  yearly  rent  or  sum  of ,  free  of  all  taxes  and 

other  deductions,  to  be  issuing  and  payable  out  of  the  said  mes- 
suage and  tenement,  and  to  be  paid  and  payable  by  equal  half- 
yearly  payments,  at ,  the  first  payment  thereof  to  be  on ; 

and  I  do  hereby  charge  and  subject  the  paid  messuage  and  teno- 


WILLS  101 

lacnt  to  and  with  the  payment  of  the  said  annuity,  yearl  7  rent,  or 
sum  of accordingly ;  and  my  will  is,  that  in  case  the  said  an- 
nuity, or  any  part  thereof,  shall  be  behind  or  unpaid  by  the  space 

of  twenty  days  next  after  the  aforesaid ,  whereon  the  sarns 

is  hereinbefore  directed  to  he  paid  as  aforesaid,  (being  lawfully  de- 
manded,) that  then  and  go  often  it  shall  and  may  be  lawful  for  my 
said  wife,  and  her  assigns,  to  enter  upon  the  said  premises  charged 
with  the  said  annuity  as  aforesaid,  and  distrain  for  the  same,  or  for 
BO  much  thereof  as  shall  be  so  in  arrear;  and  the  distress  and 
distresses  then  and  there  found,  to  detain  and  keep,  until  she  shall 
be  fully  paid  and  satisfied  all  such  arrearages,  with  costs  and 
charges  in  and  about  making  and  keeping  thereof ;  and  in  case  the 
said  annuity,  or  any  part  thereof,  shall  be  behind  or  unpaid  for 
the  space  of  forty  days  next  after  any  of  the  said  days  of  payment 
whereon  the  same  ought  to  be  paid,  as  aforesaid,  that  then  and  so 
often  it  shall  and  may  be  lawful  for  my  said  wife,  and  her  assigns 
into  all  and  singular  the  premises'  charged  with  the  said  annuity 
as  aforesaid  to  enter,  and  the  rente,  issues,  and  profits  thereof  to 
receive  and  take,  until  she  be  therewith  and  tnereby,  or  by  the 
person  or  persons  who  shall  be  then  entitled  to  the  immediate 
possession  of  the  premises,  paid  and  satisfied  the  eame  and  every 
part  thereof,  and  all  the  arrears  thereof  incurred  before,  and  that 
shall  incur  du^ng  such  time  as  she  shall  receive  the  rents,  issues, 
and  profits  thereof,  or  be  entitled  to  receive  the  samo  by  virtue  of 
such  entry,  to  be  made  as  aforesaid,  together  with  her  costs,  dama- 
ges, and  expenses  laid  out  and  sustained,  by  reason  of  the  non- 
payment thereof,  or  any  part  thereof. 

Also,  I  will  .and  ordain,  that  the  executor  of  this  my  last  will 
and  testament,  or  his  executor  or  executors,  for  and  towards  the 
performance  of  my  said  testament,  shall,  with  ail  convenient  speed 
after  my  decease,  bargain,  sell,  and  alien,  in  fee  simple,  all  tncs? 

my  lands  called ,  for  the  doing,  executing,  and  perfect  fin  t 

ishing  whereof  I  do  by  these  presents  give  to  my  said  executor, 
and  his  executor  or  executors,  full  power  and  authority  to  grant 
alien,  bargain,  sell,  convey,  and  assure  all  the  same  lands,  called 

,  to  any  person  or  persons,  and  their  heirs  forever,  in  fee 

simple,  by  all"  and  every  such  lawful  ways  and  means  in  the  law, 
AS  to  my  said  executor,  or  his  executor  or  executors,  or  to  his  or 
iheir  counsel,  learned  in  the  law,  shall  seem  fit  or  necessary. 

And  I  do  hereby  appoint  my  trusty  friend,  E.  B.;  executor  of 
this  my  last  will  and  testament,  and  do  give  unto  him  the  sum  of 

,  in  consideration  of  the  pains  and  trouble  he  will  have  in 

the  execution  of  this  my  will. 

Also,  for  the  better  education  of  my  children,  A.,  B.,  and  C.,  I 
do  give  and  dispose  of  the  tuition  and  custody  of  them,  and  every 
of  them,  unto  my  wife  E.  B.,  for  such  time  as  they  or  any  of  them 
respectively  continue  unmarried,  and  under  the  age  of  onc-and- 
twenty  years,  and  my  said  \vifo  remains  my  widow  ;  but  if  my  said 


102  WILLS. 

wife  should  die  or  marry,  during  the  single  life  and  nonage  cf  any 
of  my  said  children,  so  being  unmarried  and  under  the  age  of  ^ne- 
and-twenty  years  at  the  marriage  or  death  of  my  wife,  unto  my 
said  executor,  E.  E. 

And  my  will  is,  and  I  do  hereby  expressly  declare,  that  my  said 
executor,  his  executor  or  executors,  shall  not  he  charged  or  charge- 
ahle  with,  or  accountable  for  more  of  the  aforesaid  moneys  or 
estates  than  he  or  they  shall  actually  receive,  or  shall  come  to  his 
or  their  respective  hands  by  virtue  of  this  my  will,  or  with  or  for 
any  loss  which  shall  happen  of  the  said  nvmeys  or  estates,  or  of  any 
part  of  my  personal  estate,  so  as  such  loss  happen  without  his  or 
their  wilful  default  and  neglect. 

And  also,  that  it  shall  and  may  be  lawful  for  him,  my  said  exec 
utor,  and  his  executor  or  executors,  in  the  first  place,  out  of  the 
said  premises  respectively,  and  out  of  the  residue  of  my  personal 
estate,  to  deduct  and  reimburse  him  and  themselves  respectively, 
all  such  loss,  costs,  charges  and  expenses  as  he  or  they  shall  sus- 
tain, expend,  or  be  put  unto,  for  or  by  reason  of  the  performance 
of  this  my  will,  or  tne  management  or  execution  thereof  respect- 
ively, or  any  other  thing  in  any  wise  relating  thereto. 

And  finally,  all  the  rest,  residu-e,  and  remainder  of  all  my  estate 
and  effects,  real  and  personal,  whatsoever  and  wheresoever,  not 
hereinbefore  otherwise  effectually  disposed  of,  (a£f;er  payment  of 
my  debts,  legacies,  and  funeral  expenses,  and  other  charges  and 
de'ductions  as  aforesaid,)  I  do  give,  devise,  and  bequeath  unto  my 
oldest  son,  A.  B. 

In  witness,  &c.  A.  B. 

This  will  must  be  attested  in  the  same  manner  as  in  the  prece- 
ding forms. 

THE  following  clauses  may  be  inserted,  if  necessary,  in  either  of 
the  foregoing  wills. 

CLAUSE    CONCERNING    DISPUTES  ABOUT    ANY    GIFT  OR    BEQUEST    IX  A 

WILL. 

AND  lastly,  my  express  will  and  meaning  is,  and  I  do  hereby  or 
der  and  appoint,  that  if  any  difference,  dispute,  question,  rr  contr/>- 
versy  shall  be  moved,  arise,  or  happen,  concerning  any  gift,  be- 
quest, matter  or  thing  in  this  my  will  given  and  bequeathed,  ex- 
pressed or  contained,  that  then  no  suit  or  suits,  in  law  or  equity,  or 
otherwise,  shall  be  brought,  commenced,  or  prosecuted  for  and 
concerning  the  same,  but  the  same  shall  be  referred  wholly  to  the 
award,  ordnr,  and  determination  of  my  friends  F.  H.  and  ]£.  D., 
both  of.  &c..  and  what  they  shall  order,  direct,  cr  determine  therein 
shall  be  binding  and  conclusive  to  all  and  every  person  and  persons 
therein  concerned.  A.  W- 


WILLS.  103 

PROVISO   THAT   SUMS   ADVANCED  BY   TESTATOR   IN   HIS   LIFETIME 
TO   CHILDREN   SHALL   BE    TAKEN   AS   PART    OF    PORTION. 

PROVIDED  always,  and  I  do  hereby  declare,  that  in  case  I  shall, 
in  my  lifetime,  advance  and  pay  to  any  of  my  children,  either  sons 
or  daughters,  any  sum  or  sums  of  money,  for  his  or  their  benefit 
or  advancement  in  the  world,  or  otherwise,  and  shall  signify  the 
same  in  writing  under  my  hand,  then  if  any  such  sum  or  sums  shall 
be  equal  to  the  share  or  shares  of  such  child  or  children  respect- 
ively, of  and  i  i  the  premises,  &c.,  by  me  hereby  devised  or  be- 
queathed for  their  respective  benefits,  such  sum  or  sums,  so  paid  or 
advanced,  shall  in  that  case  be  accounted  in  full  satisfaction  of  the 
share  or  shares  of  such  child  or  children  respectively,  in  the  said 
estate  and  premises ;  but  if  such  advanced  sum  or  sums  shall  bo 
less  than  the  share  or  shares  of  such  child  or  children  respectively, 
of  and  in  the  said  premises,  &C-,  then  such  advanced  sum  or  sums 
shall  be  accounted  as  part  only  of  the  share  or  shares  of  such  child 
or  children  therein,  and  in  that  case  such  child  or  children  shall  not 
receive  or  be  entitled  to  any  sharo  or  interest  of,  or  in  such  parts 
of  the  said  premises,  &c.,  which  shall  have  been  paid  or  advanced 
to  him,  her,  or  them,  for  the  purposes  aforesaid,  until  the  other  or 
others  of  such  child  or  children  shall  have  received  as  much  of  the 
said  premises,  &e.j  as  shall  make  his,  her,  or  their  share  or  shares 
thereof  equal  to  what  shall  have  been  so  paid  or  advanced  to  or 
for  the  benefit,  advantage,  or  preferment  of  such  child  or  children 
respectively ;  to  the  end  and  intent  that  the  said  premises  may  bo 
equally  divided  among  all  such  children,  share  and  share  alike. 


APPOINTMENT    OF    GUARDIANSHIP. 

AND  I  hereby  commit  the  guardianship  of  all  my  children,  until 
they  shall  respectively  attain  the  age  of  twenty-one  years,  unto  mj 
said  wife,  during  her  life,  if  she  shall  so  long  continue  my  widow ; 
and  from  and  after  her  decease,  or  second  marriage,  unto  my  trusty 
and  much-esteemed  friend  A.  B.,  his  executors  and  assigns  :  and  do 
hereby  declare  that  the  expenses  of  the  maintenance  and  educa- 
tion oif  my  said  children,  until  they  shall  attain  the  age  aforesaid, 
or  become  entitled  to  the  sum  or  sums  of  money  hereby  provided 
for  their  benefits  respectively,  shall  be  paid  and  borne  by  my  saul 
wife,  by  and  out  of  the  moneys  and  estate  given  and  bequeathed 
to  her  in  and  by  this  my  will. 


Devise  from  a  Husband  to  his  Wife  of  an  Estate  for  Life, 
in  Lien  of  Bower,  Remainder  to  his  Children  as 

Tenants  in  Common. 

ITEM.     I  give  and  devise  unto  my  said  wife,  all  that  my  said 
messuage,  or  tenement,  with  the  appurtenances,  situate,  &c.,  -with 


104  MORTGAGES 

the  lands  and  hereditaments  thereunto  belonging,  and  the  renta 
issues,  and  profits  thereof,  for  and  during  the  term  of  her  natural 
life;  and  from  and  after  the  decease  of  my  said  wife,  I  give  and 
bequeath  the  said  messuage  or  tenement,  lands,  and  hereditaments, 
unto  such  child  or  children,  as  I  shall  leave  or  have  Jiving  at  the 
time  of  my  decease,  and  to  their  heirs  and  assigns  forever,  as  tenants 
in  common  and  if  I  shall  have  no  such  child  or  children,  &c.,  then 
I  give  and  devise.  &c.,  which  said  legacy  given  to  my  said  wife 
as  aforesaid,  I  hereby  declare  is  intended  to  be,  and  is  so  given 
to  her,  in  full  satisfaction  and  recompense  of,  and  or  her  dower 
and  thirds,  which  she  may,  or  can  in  any  wise  claim  or  demand 
out  of  my  estate. 

Item.  I  give  and  devise  all  the  rest  and  residue  of  my  estate 
both  real  and  personal,  (not  hereinbefore  by  me  given  and  be 
queathed,)  unto,  &c. 

MORTaAGKES. 

A  MORTGAGER  is  one  who  makes  a  mortgage  ;  a  MORTGAGEE  fa 
one  to  whom  a  mortgage  is  made. 

A  mortgage  is  the  pledging  of  an  estate  for  the  security  of  a 
debt,  and  becomes  void  when  the  debt  is  paid.  Any  person  own 
ing  an  interest  in,  or  the  whole  of  an  estate,  is  at  liberty  to  mort- 
gage his  or  her  claim  upon  or  interest  in  it,  provided  he  or  she  is 
not  under  age.  A  married  woman  cannot  make  a  mortgage  with- 
out the  consent  of  her  husband.  It  frequently  happens  that  em- 
barrassed persons  give  as  many  as  five  mortgages,  to  as  many 
different  persons,  on  their  estates.  A  first  mortgage^  however,  takes 
precedence  of  all  subsequent  mortgages  or  conveyances,  provided 
it  is  recorded.  All  mortgages  must  be  recorded  in  the  clerk's  office 
of  the  county  in  which  the  property  lies. 

All  mortgages  on  personal  property,  to  be  valid,  must  be  ro 
corded  in  the  town  clerk's  office  in  which  the  property  lies  at  tho 
time  of  the  execution  of  the  instrument ;  they  must  also  be 
recorded  in  the  town  clerk's  office  of  every  town  to  which  the  pro- 
perty may  be  removed.  When  the  property  is  in  a  city  where  the 
county  clerk's  office  is  kept,  then  the  mortgage  must  be  recorded 
in  that  office.  Such  mortgages  will  cease  to  be  valid  after  the 
expiration  of  one  year  from  the  recording  thereof,  unless  a  true 
copy  of  such  mortgage,  together  with  a  statement  of  the  real  inter- 
eat  of  tlie  mortgagee  in  the  -property,  shall,  within  thirty  days  of 


MORTGAGES  105 

the  expiration  of  the  year,  be  again  filed  in  the  office  of  the  town 
or  county  clerk  in  -which  the  mortgager  shall  then  reside. 

"When  the  mortgage  is  paid,  a  certificate  to  that  eifect  from  the 
mortgagee  or  his  legal  representatives,  duly  acknowledged  by  a 
commissioner  of  deeds,  must  be  presented  to  the  clerk  of  the  towu 
cr  county  office  in  which  the  mortgage  is  recorded,  who  will  file 
it,  and  the  mortgage  is  at  an  end. 

A  mortgage,  to  secure  the  purchase-money,  made  at  the  time  of 
the  purchase,  takes  precedence  of  any  previous  judgment  against 
the  mortgager. 

A  mortgage  sometimes  conveys  to  the  mortgagee  the  power  to 
sell,  in  such  cases,  the  mortgagee  may  sell  the  property  without  the 
aid  of  any  court.  Such  sale,  however,  will  not  do  away  with  a 
judgment  or  mortgage  obtained  prior  to  the  sale.  All  such  salea 
must  be  made  at  public  auction. 


Mortgage  of  Lands  by  Husband  and  Wife. 

THIS  Indenture,  made  the day  of ,  in  the  year  of  oar 

Lord  one  thousand  eight  hundred  and between  J.  J.,  of  the 

city  of  NeAv-York,  merchant,  und  A.  his  wife,  of  the  first  part,  and 
C.  K.,  of  said  city,  merchant,  of  the  second  part,  witnesseth :  That 
the  said  parties  of  the  first  part,  for  and  in  consideration  of  the 

sum  of ,  lawful  money  of  the  United  States,  to  them  in  hand 

paid,  the  receipt  whereof  is  hereby  acknowledged,  have  granted, 
bargained,  sold,  aliened,  released,  conveyed,  and  confirmed,  and  by 
these  presents  do  grant,  bargain,  sell,  alien,  release,  convey  and 
confirm,  unto  the  said  party  of  the  second  part,  and  to  his  assigns 
Forever,  all  that  certain  lot,  &c.  ]  together  with  all  and  singular  the 
hereditaments  and  appurtenances  thereunto  belonging,  or  in  any 
wise  appertaining,  and  the  reversion  and  reversions,  remainder  and 
remainders,  rents,  issues,  and  profits  thereof;  and  also  all  the  es- 
tate, right,  title,  interest,  dower,  possession,  claim,  and  de- 
mand Avhatsoover,  of  the  said  parties  of  the  first  part,  of,  in, 
and  to  the  same,  and  every  par^  thereof,  with  the  appurtenances, 
To  have  and  to  hold  the  said  hereby  granted  premises,  with  the 
appurtenances,  unto  the  said  party  of  the  second  part,  his  heirs, 
find  assigns,  to  his  and  their  only  proper  use,  benefit  and  behoof 
forever.  Provided  always,  and  these  presents  are  upon  this  con- 
dition, that  if  the  said  parties  of  the  first  part,  their  heirs,  execu- 
tors, administrators,  or  assigns,  shall  pay  unto  the  said  party  of  the 
second  part,  his  executors,  administrators,  or  assigns,  the  sum  of 

— — ,  on  or  before  the day  of ,  which  will  be  in  the  jear 

— — -^  with  interest,  according  to  the  condition  of  a  bond  of  the 


106  MORTGAGES. 

said  J  J.,  to  the  said  C.  K.,  bearing  even  date  herewith ;  then 
these  presents  shall  become  void,  and  the  estate  hereby  granted 
shall  ceaso  and  utterly  determine.  But  if  default  shall  "be  made 
in  the  payment  of  the  said  sum  of  money,  or  the  interest,  or  of 
any  part  thereof,  at  the  time  hereinbefore  specified  for  the  pay- 
ment thereof,  the  said  parties  of  the  first  part,  in  such  case,  do 
hereby  authorize  and  fully  empower  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  to  sell  the  said 
hereby  granted  premises,  at  public  auction,  and  convey  the  same 
to  the  purchaser,  in  fee  simple,  agreeably  to  the  act  in  such  caso 
made  and  provided,  and  out  of  the  moneys  arising  from  such  sale, 
to  retain  the  principle  and  interest  which  shall  then  be  due  on  tho 
said  bond,  together  with  all  costs  and  charges,  and  pay  the  over 
plus  (if  any)  to  the  said  J.  J.,  party  of  the  first  partx  his  heirs,  ex- 
ecutors, administrators,  or  assigns. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  )  JO  FIN  JAY,       [L.  s.l 

the  presence  of          C  AMELIA  JAY,  [L.  s.l 

JOHN  SMITH. 

A  Mortgage  given  for  part  of  the  Purchase-Money  of  Land, 

THIS  Indenture,  made  the day  of ,  in  the  year  of  our 

Lord ,  between  A.  B.,  of  the  city  of  New-York,  merchant,  of 

the  first  part,  and  S.  B.,  of  the  said  city,  esquire,  of  the  second 
part,  witnesscth  :  That  the  said  party  of  the  first  part,  for  and  in 
consideration  of  the  sum  of  three  thousand  dollars,  lawful  money 
of  the  United  States,  to  him  in  hand  paid,  the  receipt  whereof  ia 
hereby  acknowledged,  hath  granted,  bargained,  sold,  aliened,  re- 
leased, conveyed  and  confirmed,  and  by  these  presents  doth  grant, 
bargain,  sell,  alien,  release,  convey  and  confirm,  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all 
those  three  certain  lots,  pieces  and  parcels  of  land,  situate,  lying, 
and  being,  &c. ;  the  said  three  lots  of  land  being  part  of  the  pre- 
mises this  day  conveyed  to  the  said  A.  B.  by  the  said  S.  B.  and  his 
wife,  and  these  presents  are  given  to  secure  the  payment  of  part 
of  the  consideration-money  of  the  said  premises;  together  with  all 
and  singular  the  hereditaments  and  appurtenances  thereunto  bo- 
longing,  or  in  any  wise  appertaining,  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues,  and  profits  thereof, 
and  also,  all  the  estate,  right,  title,  interest,  dower,  possession, 
claim,  and  demand  whatsoever,  of  the  said  party  of  the  first 
part,  of,  in,  and  to  the  same,  and  every  part  thereof,  with  the 
appurtenances.  To  have  and  to  hold  the  said  hereby  granted 
premises,  Avith  the  appurtenances,  unto  the  said  party  of  the 
Beccad  part,  his  heirs  and  assigns,  to  his  and  their  only  propel 
use*  benefit,  tand  bohoof  forevos.  Provided  always,  and  tlioss 


MORTGAGES.  107 

gents  aro  upon  this  condition,  that  if  the  said  party  of  the  first 
part,  his  heirs,  executors,  administrators,  or  assigns,  shall  pay  unto 
the  said  party  of  the  second  part,  his  executors,  administrators,  or  as- 
signs, the  sum  of  three  thousand  dollars,  lawful  money  aforesaid,  on 

or  before  the day  of next,  with  interest  thereon  at  the  rate 

of  six  per  cent  per  annum,  payable  half-yearly,  on  the  first  days  of 
May  and  November  in  each  year,  until  the  whole  principal  sum 
shall  be  fully  paid  and  satisfied,  according  to  the  condition  of  the 
bond  of  the  said  A.  B.  to  the  said  S.  B.,  bearing  even  date  herewith, 
then  these  presents,  and  the  estate  hereby  granted,  shall  cease  and 
be  void.  And  if  default  shall  be  made  in  the  payment  of  the  said 
Bum  of  money,  or  the  interest,  or  of  any  part  thereof,  at  the  time 
hereinbefore  specified  for  the  payment  thereof,  the  said  party  of 
the  first  part  in  such  case  does  hereby  authorize  and  fully  empower 
the  said  party  of  the  second  part,  his  executors,  administrators, 
and  assigns,  to  sell  the  said  hereby  granted  premises  at  public 
auction,  and  convey  the  same  to  the  purchaser,  in  fee  simple,  ao 
cording  to  law,  and  out  of  the  moneys  arising  from  such  sale  to 
retain  the  principal  and  interest  which  shall  then  be  due  on  the 
said  bond,  together  with  all  the  costs  and  charges,  and  the  overplus 
(if  any)  pay  to  the  said  party  of  the  first  part,  his  heirs,  executors, 
administrators,  and  assigns.  And  it  is  also  agreed,  by  and  be- 

of  the 
lawful 
or 

assigns, "to  keep  the  buildiags  erected,  or  to  be  erected,  upon  the 
lands  above  conveyed,  insured  against  loss  or  damage  by  lire,  and 
these  presents  shall  operate  to  secure  the  repayment  of  the  pre- 
mium or  premiums  paid  for  effecting  or  continuing  such  insurance. 
In  witness,  &c.,  [as  in  Mori  gage  of  Lands  by  Husband  and  Wife.} 

Mortgage  on  Lease. 

THIS  Indenture",  made  the day  of ,  in  the  year  one  thou- 
sand eight  hundred  and ,  between  A.  B.,  of  the  city  of  New 

York,  of  the  first  part,  and  C.  D.  of  the  second  part :  Whereas  E 

F.  did,  by  a  certain  indenture  of  lease,  bearing  date  the day 

of ,  in  the  year  one  thousand  eight  hundred  and ,  demise 

release,  and  to  farm  let,  unto  G.  II.,  and  to  his  exec  itors,  adminis 
trators,  and  assigns,  all  and  singular  the  premises  hereinafter  men 
tioned  and  described,  together  with  their  appurtenances  :  To  have 
and  to  hold  the  same  unto  the  said  G.  II.,  and  to  hi?  executors,  ad- 
ministrators, and  assigns/  for  and  during  and  until  the  full  end  an<J 

term  of years,  from  the  day  of ,  in  the  year  — — , 

and  fully  to  be  complete  and  ended,  yielding  and  paying  therefor 
unto  the  said  E.  F.,  and  to  his  executors  cr  assigns,  the  yearly  rent 
or  earn  of ,  which  said  indenture  of  lease  and  term  of  years 


108  MORTGAGES. 

therein  mentioned  and  demised,  have  been  duly  assigned  tc  the 
said  A.  B.  And,  whereas,  the  said  party  of  the  first  part  is  justly 

indebted  to  the   said  party  of  the  second  part,  in  the  sum  of • 

dollars,  lawful  money  of  the  United  States  of  America,  secured  to 
be  paid  by  his  certain  bond  or  obligation,  bearing  even  date  with 

these  presents  in  the  penal  sum  of dollars,   lawful  money  aa 

aforesaid,  conditioned  for  the  payment  of  the  said  first-mentioned 
sum,  with  interest,  as  by  the  said  bond  or  obligation  and  the  con- 
dition thereof,  reference  being  thereunto  had,  may  more  fully  ap- 
pear. Now  this  indenture  witnesseth,  that  the  said  party  of  the 
first  part,  for  the  better  securing  the  payment  of"  the  said  sum  oi 
money,  mentioned  in  the  condition  of  the  said  bond  or  obligation 
with  interest  thereon,  according  to  the  true  intent  and  meaning 
thereof,  and  also  for  and  in  consideration  of  the  sum  of  one  dollar, 
to  him  in  hand  paid,  by  the  said  party  of  the  second  part,  at  or  be- 
fore the  ensealing  and  delivery  of  these  presents,  the  receipt  where- 
of is  hereby  acknowledged,  hath  granted,  bargained,  sold,  assign- 
ed, transferred,  and  set  over,  and  by  these  presents  doth  grant,  bar- 
gain, sell,  assign,  transfer,  and  set  over,  unto  the  said  party  of  the 
second  part,  all,  &c.,  together  with  all  and  singular  the  edifices, 
buildings,  rights,  members,  privileges,  and  appurtenances  thereunto 
belonging,  or  in  any  wise  appertaining;  and  also  all  the  estate, 
right,  title,  interest,  term  of  years  yet  to  come  and  unexpired,  pro- 
perty, possession,  claim,  and  demand  wluitsoever,  as  well  in  law  as 
in  equity,  of  the  said  party  of  the  first  part  of,  in,  and  to  the  said 
demised  premises,  and  every  part  and  parcel  thereof,  with  the  ap- 
purtenances ;  and  also  the  said  indenture  of  lease,  and  every  clause, 
article,  and  condition  therein  expressed  and  contained:  To  have 
and  to  hold  the  said  indenture  of  lease,  and  other  hereby  granted 
premises,  unto  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators, and  assigns,  to  his  and  their  only  proper  use,  benefit, 
and  behoof,  for  and  during  all  the  rest,  residue,  and  remainder  of 
the  said  term  of  years  yet  to  come  and  unexpired ;  subject,  never- 
theless, to  the  rents,  covenants,  conditions,  and-  provisions  in  the 
said  indenture  of  lease  mentioned.  Provided  always,  and  these 
presents  are  upon  this  express  condition,  that  if  the  said  party  of 
the  first  part  shall  well  and  truly  pay  unto  the  said  party  of  the 
second  part  the  said  sum  of  money  mentioned  in  the  condition  of 
the  said  bond  or  obligation,  and  the  interest  thereon,  at  the  time 
and  in  the  manner  mentioned  in  the  said  condition,  according  to  the 
true  intent  and  meaning  thereof,  that  then  and  from  thenceforth 
these  presents,  and  the  estate  hereby  granted,  shall  cease,  determine, 
fend  be  utterly  null  and  void,  any  thing  hereinbefore  contained  to 
the  contrary  in  any  wise  notwithstanding.  And  the  said  party  of 
the  first  part  doth  hereby  covenant,  grant,  promiso,  and  agree,  to 
ard  with  the  said  party  of  the  second  part  that  he  shall  well  and 
truly  fay  unto  the  said  party  of  the  second  part  the  said  sum  of 


MORTGAGES.  109 

money  mentioned  in  the  condition  of  the  said  bond  or  obligation  and 
the  interest  thereon,  according  to  the  condition  of  the  said  bond  or 
obligation.  And  that  the  said  premises  hereby  conveyed  now  are  free 
and  clear  of  all  incumbrances  whatsoever,  and  that  he  hath  good 
right  and  lawful  authority  to  convoy  the  same  in  manner  and  form 
hereby  conveyed.  And  if  default  shall  be  made  in  the  payment 
of  the  said  sum  of  money  above  mentioned,  or  in  the  interest  that 
shall  accrue  thereon,  or  of  any  part  of  either,  that  then  and  from 
thenceforth  it  shall  be  lawful  for  the  said  party  of  the  second  part, 
and  his  assigns,  to  sell,  transfer,  and  set  over,  all  the  rest,  residue, 
and  remainder  of  the  said  term  of  years  then  yet  to  come,  and  all 
other  the  right,-  title,  and  interest  of  the  said  party  of  the  first  part, 
,of,  in,  and  to  the  same,  at  public  auction,  according  to  the  act  in 
such  case  made  and  provided :  and  as  the  attorney  of  the  said  par- 
ty of  the  first  part,  for  that  purpose  by  these  presents  duly  author- 
ized, constituted,  arid  appointed,  to  make,  seal,  execute,  and  deliver 
to  the  purchaser  or  purchasers  thereof,  a  good  and  sufficient  assign- 
ment, transferor  other  conveyance  in  the  law,  for  the  same  premi- 
ses, with  the  appurtenances ;  and  out  of  the  money  arising  from 
such  sale,  to  retain  the  principal  and  interest  which  shall  then  be 
due  on  the  said  bond  or  obligation,  together  with  the  costs  and 
charges  of  advertisement  and  sale  of  the  same  premises,  rendering 
the  overplus  of  the  purchase-money  (if  any  there  shall  be)  unto 
the  said  party  of  the  firgt  part,  or  his  assigns ;  which  sale,  so  to  be 
made,  shall  he  a  perpetual  bar,  both  in  law  and  equity,  against  the 
wwd  party  of  the  first  part,  and  against  all  persons  claiming  or  to 
claim  the  premises,  or  any  part 'thereof,  by,  from,  or  under  him, 
them,  or  any  of  them. 

In  witness,  &c.,  [as  in  Mortgage  of  Lands  by  Husband  and  Wife.] 

Mortgage  on  Goods  or  Chattels. 
To  all  to  whom  these  presents  shall  come :  Know  ye,  that  I,  A. 

B.  of ,  party  of  the  first  part,  for  securing  the  payment  of  the 

money  hereinafter  mentioned,  and  in  consideration  of  the  sum  of 
one  dollar  to  me  duly  paid  by  C.  D.  of  — — ,  of  the  second  part,  at 
or  before  the  ensealing  and  delivery  of  these  presents,  the  receipt 
whereof  is  hereby  acknowledged,  have  bargained  and  sold,  and  by 
these  presents  do  grant,  bargain,  and  sell  unto  the  said  party  of  the 
second  part,  two  bay  horses,  and  all  other  goods  and  chattels  men- 
tioned in  the  schedule  hereunto  annexed,  and  now  in  the  possession 
of ;  to  have  and  to  hold  all  and  singular  the  goods  and  chat- 
tels above  bargained  and  sold,  or  intended  so  to  be,  unto  the  said 
party  of  the  second  part,  his  executors,  administrators,  and  assigns, 
forever.  And  I,  the  said  party  of  the  first  part,  for  myself,  my 
heirs,  executors,  and  administrators,  all  and  singular  the  said  goods 
and  chattels  above  bargained  and  sold  unto  the  said  party  of  the 
second  part,  his  heirs,  executors,  administrators,  and  assigns, 


1 10  MORTGAGES. 

against  me,  the  said  party  of  the  first  part,  and  against  all  and 
every  person  or  persons  whomsoever,  shall  and  will  warrant  and 
for  ever  defend  j  upon  condition,  that  if  I.  the  said  party  of  the 
first  part,  shall  and  do  well  and  truly  pay  urito  the  said  party  of  the 
second  part,  his  executors,  administrators,  or  assigns,  the  full  sum 

of  —  dollars,  on  the  — —  day  of  next,  according  to  the 

tenor  and  effect  of  a  certain  promissory  note,  bearing  even  date 
herewith,  made  by  me  in  favor  of  the  said  C.  D..  then  these  pre- 
sents shall  he  void.  And  I,  the  said  party  of  the  first  part,  for  my- 
self, my  executors,  administrators,  and  assigns,  do  covenant  and 
agree,  to  and  with  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  that  in  case  default  shall  be  made  in 
the  payment  of  the  said  sum  above  mentioned,  then  it  shall  and 
may  be  lawful  for,  and  I,  the  said  party  of  the  first  part,  do  hereby 
authorize  and  empower  the  said  party  of  the  second  part,  his  exe- 
cutors, administrators,  and  assigns,  with  the  aid  and  assistance  of 
any  person  or  persons,  to  enter  my  dwelling-house,  store,  and  other 
premises,  and  such  other  place  or  places  as  the  said  goods  or  chat- 
tels, are,  or  may  be  placed,  and  take  and  carry  away  the  said  goods 
and  chattels,  and  to  sell  and  dispose  of  the  same  for  the  best  price 
they  can  obtain ;  and  out  of  the  money  arising  therefrom,  to  retain 
and  pay  the  said  sum  above  mentioned,  and  all  charges  touching 
the  same,  rendering  the  overplus  (if  any)  unto  me,  or  to  my  execu- 
tors, administrators,  or  assigns.  And  until  default  be  made  in  the 
payment  of  the  said  sum  of  money  I  am  to  remain  and  continue  in 
the  quiet  and  peaceable  possession  of  the  said  goods  and  chattels, 
and  the  full  and  free  enjoyment  of  the  same. 

In  witness,  &c.?  [as  in  Mortgage  of  Lands  by  Husband  and  Wife  I 


Mortgage  for  securing  the  Payment  of  Money  due  on  a 
Bond. 

THIS  Indenture,  made  the  twentieth  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty,  between  A.  B., 

of ;  in  the  county  of ,  yeoman,  of  the  one  part,  and  C.  D.; 

of  the  city  of ,  merchant,  of  the  other  part.  Whereas,  the 

paid  A.  B.,  in  and  by  a  certain  obligation,  or  writing  obligatory, 
under  his  hand  and  seal,  bearing  even  date  herewith,  stands  bound 
unto  the  said  C.  D.  in  the  sum  of  one  thousand  dollars,  conditioned 
for  the  payment  of  five  hundred  dollars,  on  the  twentieth  day  of 
July  next  ensuing  the  date  hereof,  with  lawful  interest  for  the 
same,  as  in  and  by  the  said  recited  obligation  and  condition  thereof, 
relation  being  th'ereunto  had,  more  fully  and  at  large  appears; — 

Now,  this  Indenture  witnesseth,  That  the  said  A.  B.,  as  well  for 
and  in  consideration  of  the  aforesaid  debt  or  sum  of  five  hundred 
dollars,  and  for  the  better  securing  the  payment  thereof,  with  its 
interest,  unto  the  said  C.  D.,  his  executors,  administrators  and 


MORTGAGES.  Hi 

assigns,  in  discharge  of  the  said  recited  obligation,  as  of  the  further 
Bum  of  one  dollar,  to  him  in  hand  paid  by  the  said  C.  D.,  at  and 
before  the  sealing  and  delivery  hereof,  (the  receipt  whereof  is  here- 
by acknowledged,)  hath  granted,  bargained,  sold,  released,  and 
confirmed,  and  by  these  presents  doth  grant,  bargain,  sell,  release, 
and  confirm,  unto  the  said  C.  D.,  his  heirs  and  assigns,  all  that  mes- 
suage, &c.,  together  with  all  and  singular  the  buildings,  improve- 
ments, way*  woods,  waters,  water-courses,  rights,  liberties,  priv- 
ileges, hereditaments,  and  appurtenances  whatsoever  thereunto 
belonging,  or  in  any  wise  appertaining ;  and  the  reversions  and 
remainders,  rents,  issues,  and  profits  thereof. 

To  have  and  to  hold  the  said  messuage,  &c.,  hereditaments  and 
premises  hereby  granted  or  mentioned,  or  intended  so  to  be,  with 
the  appurtenances,  unto  the  said  C.  D.,  his  heirs  and  assigns,  to  the 
only  proper  use  and  behoof  of  the  said  C.  D.,  his  heirs  and  assigns, 
forever. 

Provided  always,  nevertheless,  that  if  the  said  A.  B.,  his  heirs, 
executors,  or  administrators,  shall  and  do  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  the  aforesaid  debt  or  sum  of  five  hundred  dollars,  on 
the  day  and  time  hereinbefore  mentioned  and  appointed  for  pay- 
ment thereof,  with  lawful  interest  for  the  same,  according  to  the 
condition  of  the  said  recited  obligation,  without  any  fraud  or  further 
delay,  and  without  any  deduction,  defalcation,  or  abatement,  to  be 
made  of  anything  for  or  in  respect  of  any  taxes,  charges,  or  assess- 
ments whatsoever ;  then  and  from  thenceforth,  as  well  this  present 
Indenture,  and  the  estate  hereby  granted,  as  the  said  recited  obli- 
gation, shall  cease,  determine,  and  become  absolutely  null  and 
void,  to  all  intents  and  purposes,  anything  hereinbefore  contained 
to  the  contrary  in  any  wise  notwithstanding. 

In  witness,  &c.,  [o-v  in  Mortgage  of  Lands  by  Husband  and  Wife.] 


EITHER  of  the  following  covenants  may  be  inserted  in  any  of 
the  foregoing  mortgages,  if  they  should  be  considered  necessary  to 
strengthen  the  hold  upon  the  property,  or  otherwise : 

A  COVENANT  THAT  MORTGAGER  HATH  RIGHT  TO  CONVEY. 

AND  also  that  he,  the  said  S.  R,  now  hath  in  himself  good  right 
and  full  power  to  give,  grant,  sell,  and  convey  the  premises  herein- 
before granted,  unto  and  to  the  use  of  the  said  W.  J.,  his  heirs 
and  assigns,  in  manner  aforesaid,  according  to  the  intent  of  these 
presents 

A    COVENANT    TO    PAY    TAXES,     ETC- 

AMD  tiiat  he,  the  said  N.  P.,  his  heirs,  executors,  or  administra- 
tors, shall  and  will,  from  time  to  time,  and  at  all  times  hereafter 


112  MOBTQAGES. 

until  tho  said  sum  of shall  Tbe  fully  paid  and  satisfied  to  the 

said  J.  E.,  as  aforesaid,  pay  and  discharge  all,  and  all  manner  of 
taxes,  rates,  and  assessments,  which  shall  be  laid,  taxed,  rated,  or 
assessed  thereupon,  or  upon  any  part  thereof,  or  upon  the  said  J. 
E.,  his  executors,  administrators,  or  assigns,  for  or  in  respect 
thereof,  or  any  part  thereof,  by  the  authority  of  [the  Congress  of 
the  United  States  of  America,  of  the  General  Court  of  the  Com- 
monwealth of  Massachusetts,]  and  also  save  harmless  and  keep 
indemnified  the  said  J.  E.,  his  executors,  &c.,  of  and  from  all  ac- 
tions, suits,  penalties,  forfeitures,  costs,  charges,  and  damages, 
which  shall  or  may  bo  brought,  commenced)  incurred,  forfeited, 
arise  or  happen,  for  or  by  reason  of  the  non-payment  of  such  taxes, 
rates,  or  assessments,  in  any  wise  however. 


A    COVENANT    THAT   UNTIL     DEFAULT     BE    MADE,    THE    MORTGAGER 
SHALL    HAVE     THE    RIGHT     TO    SELL. 

AND  provided  also,  that  until  default  by  the  said  A.  B.,  of  and 
in  the  performance  of  the  condition  of  defeasance  aforesaid,  or  of 
some  part  thereof,  it  shall  and  may  be  lawful  for  the  said  A.  B., 
his  executors,  administrators,  or  assigns,  to  retain  possession  of  the 
said  goods,  wares,  and  merchandise,  and  the  said  furniture,  using 
and  making  sales  thereof  from  time  to  time,  in  the  usual  course  and 
manner  of  trade,and  applying  the  proceeds  of  such  sales  to  the  pay- 
ment of  the  several  notes  aforesaid,  or  accounting  for  and  paying 
over  such  proceeds  to  the  said  C.  D.,  his  executors  or  administra- 
tors; but  if  the  said  goods,  wares,  and  merchandise,  or  furniture, 
or  any  part  thereof,  shall  be  attached  by  any  other  creditor  or  cre- 
ditors of  the  said  A.  B.,  before  the  said  C.  D.  is  discharged  from  all 
the  liabilities  aforesaid,  then  it  shall  and  may  be  lawful  for  the  said 
C.  D.,  his  executors,  &c.,  to  take  immediate  possession  of  the  same 
to  his  and  their  own  use. 

Satisfaction  of  Mortgage. 

County  of ,  ss. 

I,  C.  D.,  of ,  do  hereby  certify  that  a   mortgage,  bearing 

date  the  day  of ,  one  thousand  eight  hundred  and , 

made  and  executed  by  A.  B.  and  C.  B.  his  wife,  to  secure  the  pay- 
ment of  his  bond  for dollars,  with  interest,  bearing  even  date 

with  said  mortgage,  recorded  in   the  office  of  the  clerk  of  the 

county  of ,  in  lib. —  of  mortgages,  page  — ,  on  the day 

of  — — ,  I860,  is  paid. 

Dated  the day  of ,  1860.  C.  D. 

County  of ,  ss. 

On  the day  of ,  one  thousand  eight  hundred  and  sixty 

before  me  came  C.  D.,  to  me  known  to  bo  the  individual  de 


MOIITGAGKS.  J  J  3 

scribed  in,  and  who  executed  the  abo\e  certificate,  and  acknow 
lodged  that  he  executed  the  same. 

L   B.,  Commissioner  of  Deedis. 


Notice  of  Sale,  on  Foreclosure  of  Mortgage  by 
Advertisement. 

MORTGAGE    SALE. 

Default  has  been  made  in  the  payment  of  the  sum  of dollars 

and cents,  which  is  claimed  to  be  due  at  the  date  of  this  no 

tice,  on   a  certain   mortgage  bearing   date  the day  of , 

18 — ,  executed  by  A.  B.  and  Mary,  his  wife,  of  the  town  of , 

in  the   county  of ,  and  State  of ,  to  C.  D.,  of  the  same 

place,  [or,  as  the  fact  may  be,]  and  recorded  in  the  office  of  the 

Clerk  of  the  county  of ,  in  book  number  75  of  mortgages, 

page  300,  &c.,  on  the  day  of ,  A.  D.,  18 — ,  at  twelvo 

o'clock,  meridian :  [If  the  mortgage  is  foreclosed  by  an  assignee,  in- 
sert here  :  which  said  mortgage  has  been  duly  asssigned  to  the  sub- 
scriber :] 

Now,  therefore,  notice  is  hereby  given,  that,  in  pursuance  of  a 
power  of  sale  contained  in  said  mortgage,  and  of  the  statute  in 
such  case  made  and  provided,  the  premises  described  in  and  cov- 
ered by  said  mortgage,  to  wit :  "  all,  &c.,  [give  description  of  the 
premises;]  will  be  sold  at  public  auction,  at  the  court  house,  [or,  at 

the  house  of  O.  P.]  in  the  city  [or,  town]  of ,  in  the  county  of 

,  on  the day  of nest,  at  ten  o'clock  in  the  forenoon. 

Dated  the  — —  day  of ,  18—.     [The  date  should  be  that  of 

the  first  publication  of  the  notice.]  C.  D.,  Mortgagee, 

[or,  Assignee.] 


Affidavit  of  Publication  of  the  Notice. 
State  of  New-York, ) 

County;  }  Sl- 

E.  F.,  of  said  county,  being  July  sworn, 

[Attach  here  a  says,  that  ho  is,  and,  during  the  whole  time 
printed  copy  of  hereinafter  mentioned,  has  been,  the  publisher 
the  notice  of  and  proprietor,  [or,  foreman,*  in  the  publisb- 

sale.]  ing  office.]   of  the  Gazette,  a  newspaper 

printed  and  published  in  the  county  of , 

aforesaid  ;  and  that  the  annexed  printed  notice  of  sale  was  inserted 
and  published  in  the  said  newspaper  twelvo  weeks,  successively  at 
least  once  in  each  week ;  the  said  publication  commencing  on  tho 

•  The  affidavit  of  publication  may  aleo  be  made  by  the  principal  clerk  of  the  pnblieher, 


114  MORTGAGES. 

—  day  of ,  18-—,  and  terminating  on  the  day  of  — 

18—.  E.  F. 

Sworn  to  before  me,  this  { 

day  of ,  18—.  J 

G.  II.,  Justice  of  the  Peace. 


Affidavit  of  Affixing  Notice  of  Sale  on  the  Outward  Door 
of  the  Court  House.* 

State  of  New-York, ) 

County,  }  8S- 

C.  D.,  of  said  county,  being  duly  sworn, 

[Altach  here  a      says,  that  on  the  day  of ,  18 — ,  he 

printed  copy  of  affixed  a  notice  of  which  the  annexed  printed 
the  notice  of  notice  is  a  just  and  true  copy,  on  the  outward 
sale.]  door  of  the  building  where  the  county  couvta 

are  directed  to  be  held  in  the  county  of  — • — , 
aforesaid. 
Sworn,  &c.,  [as  in  Affidavit  of  Publication  of  Notice.] 

Affidavit  of  Serving  copy  of  Notice  of  Sale,    on  Person 
having  a  Lien  or  Incumbrance. 

State  of  Ne^y-York, ) 

County,  j  SS 

M.  B.,  of  said  county,  being  duly  sworn, 

[ Attach  here  a      says,  that  on  the  day  of ,  18 — ,  ho 

printed  copy  of      did  personally  serve  A.  B.,  E.  F.,  and  G.  II., 

the     notice     of      &c.,  with  a  notice  of  sale  of  which  the  an- 

sale.]  nexed  printed  notice  is  a  copy,  by  delivering 

a  just  and  true  c  >py  of  said  notice  to  each  of 

them  individually  •  [or,  he  did  serve  A.  B.,  with  a  notice  of  sale, 
of  which  the  annexed  printed  notice  is  a  true  copy,  by  delivering 
a  just  and  true  copy  of  said  notice  to  the  wife,  (or,  daughter,  aged 
eighteen  years,  or  "thereabouts,)  of  the  said  A.  B.,  at  his  dwelling 
house,  he  being  at  the  time  absent  therefrom  ]  or,  he  did  serve  A. 
B.,  &c.,  &c.,  with  a  notice  of  sale,  of  which  the  annexed  printed 
notice  is  a  copy,  by  depositing  a  just  and  true  copy  of  said  notice 

in  the  post  office  in ,  properly  folded  and  directed  to  each  one 

of  them,  at  his  place  of  residence.]  M.  B. 

Sworn,  &c.,  [as  in  Affidavit  of  Publication  of  Notice.] 


•  ¥n»crc  the  printer  or  the  person  serving  the  notice  of  sale,  affixes    the  notice,  the 
wohstwice  cf  this  aff.davit  may  b*  incorporated  in  the  affidavit  of  publication  jr  of  ecrrlca 


MORTGAGES.  .          115 

Affidavit  of  the  Auctioneer.* 

State  of  New-  York,  ) 
-  County,  j 


G.  II.,  of  said  county,  being  duly 
[Attach  here  a  says,  that  he  sold  the  premises  described  in 
'printed  copy  of  the  annexed  printed  notice  at  public  auction, 
the  notice  of*  at  the  time  and  the  place  of  sale  therein  men- 
sale.]  tioned,  to  wit  :  on  the  -  day  of  -  ,  18  —  , 

at  ten  o'clock  in  the  forenoon,  at  the  court 

house,  [or,  house  of  0.  P.]  in  the  city  [or,  town]  of  -  ,  in  tho 
county  of  -  ,  aforesaid  ;  and  that  C.  D.  then  and  there  purchased 
the  same,  for  the  price  of  —  :  —  dollars  ;  he  being  the  highest  bid- 
der, and  that  being  the  highest  sum  bidden  for  the  same. 

And  this  deponent  further  saith,  that  said  sale  was  made  in  the 
day  time,  and,  in  all  respects  honestly,  fairly,  and  legally  conduct- 
ed, according  to  his  best  knowledge  and  belief;  and,  also,  that  the 
said  C.  D.  purchased  the  said  premises  fairly,  and  in  good  faith,  as 
he  verily  believes.  G.  II. 

Sworn,  &c.,  [as  in  Affidavit  of  Publication  of  Notice.] 


Notice  to  accompany  Copy  of  Notice  of  Sale  served  or 
Parties  having  any  Lien  or  Incumbrance  on  the  Mort- 
gaged Premises. 

Sir:  Take  notice,  that  the  above  is  a  copy  of  a  notice  that  the 
mortgage  therein  mentioned  will  be  foreclosed  by  a  sale  of  the 
mortgaged  premises,  pursuant  to  the  statute  in  such  case  made  and 
provided,  at  the  time  and  place  therein  specified. 

Dated ,  the day  of ,  18 — . 

C.  D.,  Mortgager, 
[or,  Assignee.] 

Sheriff's  Deed  on  Foreclosure. 
THIS  Indenture,  made,  &c.,  between  A.  P.,  Esquire,  Sheriff  of  the 

county  of ,  in  the  State  of  New-York,  of  the  first  part,  and  C. 

D.,  of,  &c.,  of  the  second  part :  Whereas,  in  and  by  a  certain  de- 
cree, made  at  a  County  Court  held  at  the  town  of ,  in  aivd  for 

said  county,  before  J.  P.  II.,  Esquire,  County  Judge,  on  the 

day  of ,  one  thousand  eight  hundred  and  ,  in  a  certain 

cause  there  pending  in  the  said  court,  between  E.  B .,  complainant, 
and  A.  B.,  C.  B.,  and  D.  B.,  defendants,  it  was,  among  other  things, 
ordered,  adjudged  and  decreed,  that  all  and  singular  the  mortgaged 
premise?  mentioned  in  the  complaint  in  said  cause,  and  in  said  do- 
creo  described,  or  so  much  thereof  as  might  be  sufficient  to  raise 
the  amount  due  to  the  complainant,  for  principal,  interest,  and 

*  The  party  foreclosing  tho  mortgage  may  act  as  auctioneer,  if  be  cboows  to  do  NX 


116  NATD  IU.IJZ  ATION. 

costs,  in  said  cause,  and  which  might  be  sold  separately,  without 
material  injury  to  the  parties  interested,  be  sold  at  public  auction, 
according  to  the  course  and  practice  of  this  court,  and  under  the 
direction  of  the  said  Sheriff,  party  of  the  first  part ;  that  the  said  sale 

be  made  on  the day  of ,  then  next,  at o'clock  in  the 

forenoon  of  that  day,  at  the  court  house  in  the  town  of ,  in  the 

county  of ,  aforesaid;  that  the  said  Sheriff  give  public  notice 

of  the  time  and  place  of  such  sale,  according  to  the  course  and 
practice  of  said  court,  and  that  any  of  the  parties  in  said  cause 
might  become  a  purchaser,  or  purchasers,  on  such  sale  ;  that  the 
said  Sheriff  execute  to  the  purchaser,  or  purchasers,  of  the  said 
mortgaged  premises,  or  such  part  or  parts  thereof  as  should  be 
sold,  a  good  and  sufficient  deed  or  deeds  of  conveyance,  for  the 
same  ;  and  whereas  the  said  Sheriff,  in  pursuance  of  the  order  and 

decree  of  the  said  court,  did,  on  the  said day  of ,  A.  D., 

18 — ,  sell  at  public  auction,  at  the  court  house  in  the  town  of , 

aforesaid,  the  premises  in  the  said  order  mentioned,  due  notice  of 
the  time  and  place  of  such  sale  being  first  given^  agreeably  to  the 
said  order ;  at  which  sale,  the  premises  hereinafter  described  were 

struck  off  to  the  said  party  of  the  second  part,  for  the  sum  of 

dollars,  that  being  the  highest  sum  bidden  fyr  tire  same.  Now  this 
indenture  witnesseth:  That  the  said  Sheriff,  in  order  to  carry  into 
effect  the  sale  so  made  by  him,  as  aforesaid,  in  pursuance  of  the 
said  decree  of  the  said  court,  and  in  conformity  to  the  statute  in 
such  case  made  and  provided,  and  also  in  consideration  of  the  prem- 
ises, and  of  the  said  sum  of  money  so  bidden,  as  aforesaid,  being 
first  duly  paid  to  him  by  the  said  party  of  the  second  part,  the  re- 
ceipt whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
sold  and  conveyed,  and  by  these  presents  doth  grant,  bargain,  sell 
and  convey,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  forever,  all  [description;]  To  have  and  to  hold  all  and  sin- 
gular the  premises  above  mentioned  and  described,  and  hereby  con- 
veyed, or  intendgd  to  be,  unto  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  to  his  and  their  own  proper  use,  benefit  and  be- 
hoof, forever. 

In  witness  whereof,  the  said   Sheriff  has  hereunto  set  his  hand 
and  seal,  the  day  and  year  first  above  written. 
Sealed  and  delivered  )  A.  B.,  Sheriff, 

in  presence,  of      } 
J.  D. 


NATURALIZATION. 

ANY  adult  foreigner,  whose  native  country  is  at  peace  with  the 
United  States,  may  become  a  naturalized  citizen  on  the  following 
aonditions  :  1st,  Provided,  after  three  years'  residence  in  the  Uni 


NATURALIZATION.  1 1 7 

ted  States  he  shall  declare  his  intention  to  that  effect  (see  Declara- 
tion of  Intention) ;  2d,  Provided  he  shall  have  resided  one  year 
within  the  State  where  the  court  is  held  to  which  he  makes  his  appli- 
cation ;  3d,  Provided  he  shall  have  sustained  a  good  moral  charac- 
ter up  to  the  time  of  his  admission  j  4th,  Provided  he  shall  have 
satisfied  the  Court,  and  declare  on  oath  (see  Oath,  of  Alien)  that 
during  the  three  years  prior  to  his  application,  it  was  his  real  in- 
tention to  become  a  citizen,  and  to  uphold  the  laws  and  Constitu 
tion  of  the  United  States.  In  becoming  a  citizen  he  must  renounce 
all  allegiance  forever  to  his  native  country,  and  also  every  title  or 
order  of  nobility,  if  he  have  any. 

Should  an  alien  die  after  having  declared  his  intention,  his 
widow  and  children  may  become  citizens  by  taking  the  oath  which 
the  alien  himself  would  have  taken. 

The  children  of  duly  naturalized  persons,  if  minors  at  the  time 
and  residing  in  the  United  States,  shall  b«  4eemed  citizens,  without 
taking  out  papers  to  that  effect. 

Any  foreigner  who  has  resided  in  the  United  States  prior  to 
1812,  and  has  since  continued  to  reside  therein,  may  dispense  with 
the  declaration  of  intention ;  as  may  also  any  applicant  who  has 
resided  within  the  boundaries  of  the  United  States  three  years 
previous  to  his  majority.  Two  years  after  declaring  his  intention, 
the  applicant,  if  he  shall  have  complied  with  the  conditions  de- 
scribed in  the  first  paragraph  of  this  article,  is  entitled  to  Me  certif- 
icate of  citizenship.  The  application  may  bo  made  to  any  Circuit 
or  District  Court  of  the  United  States. 


Naturalization  Papers. 

DECLARATION    OF    INTENTION. 

1,  A.  B.,  do  declare,  on  oath,  that  it  is  bona  fiae  my  intention  to 
become  a  citizen  of  the  United  States,  and  to  renounce  forever  all 
allegiance  and  fidelity  to  all  and  any  foreign  prince,  potentate, 
state,  and  sovereignty  whatever;  and  particularly  to  Victoria 
queen  of  the  united  kingdom  of  Great  Britain  and  Ireland, 

Sworn  in  open  court,  this  )  A    "R 
day  of i!8— J 

I,  L.  T.,  clerk  of  the court  of ,  do  certify  that  the  above 

is  a  true  copy  of  the  original  declaration  of  intention  of  A.  B.  to 


118  NATURAJJZATION. 

become  a  citizen  of  the  United  States,  remaining  of  record  ii 
office. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  namt 
f  L.  s  1     a^xec^  the  seal  °*'  tne  said  court,  the  -  day  of  -  ,  o 
thousand  eight  hundred  and  -  .  L.  T. 


on* 


Oath  of  Alien. 
UNITED  STATES  OF  AMERICA. 

STATE  OF  NEW-YORK,   ) 

COUNTY  OF ,       j  ss 

A.  B.,  being  duly  sworn,  doth  depose  and  say,  that  he  is  a  resi 
dent  in  the  State  of  New  York,  and  intends  always  to  reside  in  th« 
United  States,  and  to  become  a  citizen  thereof  as  soon  as  he  can  be 
naturalized,  and  that  he  has  taken  such  incipient  measures  as  the 
laws  of  the  United  States  require,  to  enable  him  to  obtain  natural- 
ization. 

before  me,  the day  of ,  18—. 

J.  S.,  Clerk  of  the  U.  S.  District  Court. 


Certificate  of  Citizenship. 

BE  it  remembered,  That  on  the  — —  day  of ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ,  A.  B.,  late  of 

Liverpool,  England,  at  present  of  the  city  of ,  in  the  State  of 

,  appeared  in  the court  of ,  (the  said  court  being  a 

court  of  record,  having  common-law  jurisdiction,  and  a  clerk 
and  seal,)  and  applied  to  the  said  court  to  be  admitted  to  be- 
come a  citizen  of  the  United  States  of  America,  pursuant  to  the 
directions  of  the  act  of  Congress  of  the  United  States  of  America, 
entitled,  "  An  act  to  establish  an  uniform  rule  of  naturalization,  and 
to  repeal  the  acts  heretofore  passed  on  that  subject ;"  and  also  to 
an  act  entitled  "  An  act  in  addition  to  an  act,  entitled  '  An  act  to 
establish  an  uniform  rule  of  naturalization,  and  to  repeal  the  acts 
heratofore  passed  on  that  subject  ;7  "  and  also  to  the  "  Act  relative 
to  evidence  in  cases  of  naturalization,'7'  passed  22d  March,  181G; 
and  also  to  an  act  entitled  **  An  act  in  further  addition  to  an  act  to 
establish  an  uniform  rule  of  naturalization,  and  to  repeal  the  acts 
heretofore  passed  on  that  subject,"  passed  May  26th.  1824.  And 
the  said  A.  B.  having  thereupon  produced  to  the  court  such  evi- 
dence, made  such  declaration  and  renunciation,  and  taken  such 
oafo,  as  are  by  the  said  acts  required : 

Thereupon  it  was  ordered  by  the  said  court,  that  the  said  A.  B 
be  admitted,  and  he  was  accordingly  admitted  by  the  said  court,  to 
be  a  citizen  of  the  United  States  of  America. 


POWERS    OF   ATTORNEY.  219 

In  testimony  whereof,  the  seal  of  the  said  court  is  hereunto  affixed 

this day  of ,  in  the  year  one  thousand  eight  hun- 

1L  s>]  djed  and -,  and  in  the year  of  our  independence. 

Per  curian,  L.  T.,  Clerk. 

POWEKS  OF  ATTORNEY. 

AN  attorney  is  one  who  is  specially  appointed  to  do  anything 
for  another.  His  authority  may  be  limited  or  extensive,  and  general 
or  particular,  as  the  persons  appointing  him  shall  see  fit.  Any  man 
may  grant  his  own  right  or  power  to  perform  a  thing  to  another. 

An  attorney,  however,  cannot,  without  permission  from  his  prin- 
cipal, delegate  his  authority  to  a  substitute.  An  alien,  a  miaor,  or 
a  married  woman,  may  act  as  an  attorney. 

The  authority  to  act  as  an  attorney  should  be  in  due  form  and 
under  seal.  The  attorney  must  act  according  to  his  instructions ; 
and  whatever  be  undertaken,  should  be  undertaken  in  the  name  oi 
the  party  from  whom  he  has  received  his  authority. 

Form  of  a  Power  of  Attorney  to  sell  and  Lease  Lands. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,of  the  city  of  New 
York,  merchant,  have  made,  constituted,  and  appointed,  and  by 
these  presents  do  make,  constitute,  and  appoint  0.  D.,  of ,  at- 
torney at  law,  my  true  and  lawful  attorney,  for  me,  and  in  my 
name,  place,  and  stead,  to  enter  into  and  take  possession  of  all 
such  messuages,  lands,  tenements,  hereditaments,  aad  real  estate 
whatsoever,  in  the  State  of  New  York,  whereof  I  am  or  may  be 
in  any  way  entitled  or  interested ;  and  to  grant,  bargain,  and  sell 
the  same,  or  any  part  or  parcel  thereof,  for  such  sum  or  price,  and 
on  such  terms,  as  to  him  shall  seem  meet ;  and  for  me  and  in  my 
name  to  make,  eseeute,  acknowledge,  and  deliver  good  and  suf- 
ficient deeds  and  conveyauces  for  the  same,  either  with  or  without 
covenants  and  warranty ;  and,  until  the  sale  thereof,  to  let  and 
demise  the  said  reiil  estate  f&r  the  best  rent  that  can  be  procured 
for  the  same ;  and  to  ask,  demand,  recover,  and  receive,  all  sums 
of  money  which  shall  become  due  and  owing  to  me  by  means  oi 
such  bargain,  sale,  or  lease;  and  to  take  all  lawful  ways  and  means 
for  the  recovery  thereof,  to  compound  and  agree  for  the  same,  and 
execute  and  deliver  sufficient  discharges  and  acquittances  therefor^ 
with  power  of  substitution  and  revocation,  giving  and  granting  unto 
my  said  attorney  full  power  and  authority  to  do  and  perform  all 
and  every  act  and  thing  whatsoever  requisite  aud  necessary  ta  be 


120  POWEBS   OF   ATTORNEY. 

done  in  and  about  the  premises,  as  fully,  to  all  intents  and  pur 
poses,  as  I  might  or  could  do  if  personally  present,  with  fullpowei 
of  substitution  and  revocation,  hereby  ratifying  and  confirming  all 
that  my  sa.d  attorney  or  his  substitute  shall  lawfully  do  or  cause 
to  be  done  by  virtue 'thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
•— —  day  of ,  in  the  year  one  thousand  eight  hundred  and  sixty 

Sealed  and  delivered    )  \-nri 

in  presence  of  IL'  S'J 

J.  S. 


CERTIFICATE  OF  ACKNOWLEDGMENT  TO  BE  ENDORSED. 

UNITED  STATES  OF  AMERICA,      > 
CITY  AND  COUNTY  OF  NEW-YORK,  $ 

Be  it  known,  that  on  the day  of ,  one  thousand  eight 

hundred  and  sixty,  before  me,  A.  P.,  a  commissioner  of  deeds,  in 
and  for  the  city  and  county  of  New-York,  duly  commissioned  and 
sworn,  personally  came  A.  B.,  to  me  known  to  be  the  individual 
described  in  and  who  executed  the  foregoing  power  of  attorney, 
and  acknowledged  the  same  to  be  his  act  and  deed. 

A.  P.,  Commissioner  of  Deeds  for  the  City  of  New- York. 


CERTIFICATE  OF  COUNTY  CLERK,  TO  BE  ALSO  ENDORSED  WHEN  THE 

POWER  IS  TO  BE  RECORDED  IN  ANOTHER  COUNTY. 
STATE  OF  NEW-YORK, 


COUNTY  OF 


vr-Y°RK>    Us. 

7  ) 


J,  T.  J.,  clerk  of  the  county  aforesaid,  do  hereby  certify,  that  A. 
P.,  whose  name  is  subscribed  to  the  certificate  of  the  acknowledg- 
ment of  the  annexed  power  of  attorney,  and  endorsed  thereon, 
was,  on  the  day  of  the  date  of  the  said  certificate,  a  commissioner 
of  deeds  in  and  for  the  said  county,  residing  in  the  said  county, 
commissioned  and  sworn,  and  duly  authorized  to  take  the  same. 
And  further,  that  I  am  well  acquainted  with  the  handwriting  of 
the  said-  A.  P.,  and  verily  believe  that  the  signature  to  the  said 
certificate  of  acknowledgment  is  genuine. 
{"L.  s.]  In  testimony  whereof,  I  have  hereunto  set  rnv  hand, 

and  affixed  the  seal  of  the  said  county,  the day  of . 

T.  J.,  Clerk 

Power  of  Attorney  to  Collect  Debts. 

KNOW  all  men  by  these  presents,  that  I,  L.  M.,  of ,  have 

constituted,  made,  and  appointed,  and  by  these  presents  do  consti- 
tute, make,  and  appoint  N.  O.t  of ,  to  be  my  true  and  lawful 


0*    ^vTiCTlNEY.  121 

attorney,  for  me  and  ki  my  name  and  stead,  and  to  my  use,  to  ask, 
demand,  sue  for  levy,  recover,  ana  receive,  a.-.I  such  sum  and  sums 
of  money,  debts  rents,  goods,  wares,  dues,  accounts,  and  other  de- 
mands whatsoever,  which  are  or  shall  be  due,  owing,  payable,  and 
belonging  to  me,  or  detained  from  me,  in  any  manner  of  ways  or 
means  whatsoever,  by  I.  K.,  his  heirs,  executors,  and  administra- 
tors, or  any  of  them,  giving  and  granting  unto  my  said  attorney,  by 
these  presents,  my  full  and  whole  power,  strength,  and  authority, 
in  and  about  the  premises,  to  have,  sue,  and  take  all  lawful  waya 
and  means,  in  my  name,  for  the  recovery  thereof;  and  upon  the 
receipt  of  any  such  debts,  dues,  or  sums  of  money  aforesaid,  ac- 
quittances, or  other  sufficient  discharges,  for  me  and  in  my  name 
to  make,  seal,  and  deliver  •  and  generally  all  and  every  other  act 
and  acts,  thing  and  things,  device  and  devices,  in  the  law  whatso- 
ever, needful  and  necessary  to  be  done  in  and  about  the  premises, 
for  me  and  in  my  name  to  0*0,  execute,  and  perform,  as  largely  and 
amply,  to  all  intents  and  purposes,  as  I  might  or  could  do,  if  per- 
sonally present,  or  as  the  matter  required  more  special  authority 
than  is  herein  given ;  and  attorneys  one  or  more  under  him,  for 
the  purpose  aforesaid,  to  make  and  constitute,  and  again  at  plea- 
sure to  revoke ;  ratifying,  allowing,  and  holding,  for  firm  and 
effectual,  ail  and  whatsoever  my  said  attorney  shall  lawfully  do  in 
and  about  the  premises,  by  virtue  hereof. 

In  witness,  £c.,  [as  in  Power  of  Attorney  to  Sell  and  Lease  Lands.] 


General  Cnstom-Kouse  Power. 

KNOW  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.;  ol 

tli3  city  of ,  merchants,  have  made,  constituted,  and  appointed, 

and  by  these  presents  do  make,  constitute,  and  appoint  E.  F.,  of 
eaid  city,  custom-house  broker,  our  true  and  lawful  attorney,  for 
us  and  in  our  name  to  receive  and  enter,  at  the  custom-house  of 

the  district  of ,  any  goods,  wares,  or  merchandise,  imported  by 

us,  or  which  may  hereafter  arrive,  consigned  to  us,  to  sign  our 
narhee,  to  seal  and  deliver  for  us,  and  as  our  act  and  deed,  any 
bond  or  bonds  which  may  be  required  by  the  collector  of  the  said 
district,  for  securing  the  duties  on  any  such  goods,  wares,  or  mer- 
chandise ;  also,  to  sign  our  names  to,  seal,  and  deliver  for  us,  and 
as  our  act  and  deed,  any  bond  or  bonds  requisite  for  obtaining  tho 
debenture  on  any  goods,  wares,  or  merchandise,  whev  exported, 
and  generally  to  "transact  all  business  at  the  said  custom-house,  in 
which  we  are.  or  may  hereafter  be  interested  or  concerned,  as  fully 
a«  we  could  if  personally  present.  And' wo  hereby  declare,  that 
all  bonds  signed  and  .executed  by  our  said  attorney,  shall  be  as  ob- 
ligatory on  us  as  though  signed  by  us,  and  this  power  shall  remain 
ia  full  force  until  revoked  by  written  notice  givee  to  said  collector 


122  POWERS    OP    ATTORNE1. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  scale 

this day  of ,  in  the  year  of  our  Lord  one  thousand  eigh* 

hundred  and . 

Sealed  and  delivered  )  A.  B.     [L.  s  I 

in  presence  of         )  C.  D.     [L.  s.| 

J.  S. 


STATE  OF  NEW-YORK,  ) 

COUNTY  of ,       j  ss 

Bo  it  known,  that  on  the day  of ,  one  thousand  eight 

hundred  and  sixty,  personally  appeared  A.  B.  and  C.  D.,  to  me 
known  to  be  the  persons  described  in,  and  who  executed  the  fore- 
going power  of  attorney,  and  acknowledged  before  me  the  same 
to  bo  their  free  act  and  deed. 

P        -,  In  witness  whereof,  I  have  hereunto  set  my  hand,  and 

I  '    'J       seal  of  office,  the  day  and  year  last  above  written. 

D.  E.,  Notary  Public. 


Special  Custom-Ho-ase  Power. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of 

,  merchant,  havo  made,  constituted,  and  appointed,  and  by 

these  presents  do  make,  constitute,  and  appoint  I).  E.,  of  said  city 

merchant,  my  true  and  lawful  attorney,  for  me  and  in  my  name  tc 

receive  and  enter,  at  the  custom-house  of  the  district  of ,  any 

goods,  wares,  or  merchandise,  imported  by,  or  consigned  to  me,  ip 
the  ship  Queen  of  the  West,  now  on  her  voyage  from  Liverpool 
to  New-York,  and  to  sign  my  name  to,  seal,  and  deliver,  for  me, 
and  as  my  act  and  deed,  any  bond  or  bonds  which  may  be  re- 
quired by  the  collector  of  said  district,  for  securing  the  duties  on 
any  such  goods,  wares,  or  merchandise  ;  also,  to  sign  my  name  to, 
seal,  and  deliver  for  me,  and  as  my  act  and  deed,  any  bond  or 
bonds  requisite  for  obtaining  the  debenture  on  any  such  goody, 
wares,  or  merchandise,  when  exported  for  me,  and  generally  to 
transact  all  business  at  the  said  custom-house,  (in  reference  to  this 
importation,)  as  fully  as  I  could,  if  personally  present.  And  I  here- 
by declare,  that  all  bonds  signed  and  executed  by  my  said  attorney 
shall  be  as  obligatory  on  me  as  those  signed  by  myself. 

In  witness,  &c.,  [as  in  General  Custom-House  power.] 


Power  to  receive  the  Rents  of  an  Estate. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of ,  have  made, 

constituted,  and  appointed,  and  by  these  presents  dc   make,  con- 
stitute, and  appoint  C,  D.,  of,  &c.,  my  true  and  lawful  attorney,  for 


FOWEBS    OF  ATTORNEY.  123 

mo,  and  in  my  name,  and  for  my  use  to  ask,  demani  and  receive  a!2 
such  rents,  and  arrears  of  rent,  which  now  are,  or  hereafter  shall 
grow  due  or  owing  to  me  from  E.  F.,  G.  II.,  I.  K.,  or  any  of  them, 
as  tenants  or  occupiers  of  any  lands,  tenements,  or  hereditaments 

belonging  to,  or  claimed  by  me,  situate  at ,  or  which  may  bo 

due  from,  or  payable  by  any  other  person  or  persons  whomsoever, 
as  tenants,  occupiers,  or  lessees,  or  assignees  of  any  term  or  terms 
of  such  lands,  tenements,  or  hereditaments,  or  any  of  them,  or  any 
part  or  parcel  of  them ;  and  upon  receipt  thereof  to  give  proper  ac- 
quittances, and  sufficient  discharges  thereof ;  and  in  default  of  pay- 
ment thereof,  or  any  part  thereof,  to  my  said  attorney,  I  do  here- 
by authorize  and  empower  him,  my  said  attorney,  for  me,  and  in 
my  name,  into  and  upon  the  said  messuages  and  premises  to  enter 
and  distrain,  and  the  distress  and  distresses  there  found  and  taken, 
to  dispose  of  according  to  law,  for  the  speedy  recovery  and  ob- 
taining my  said  rent,  and  arrears  of  rent ;  or  otherwise  to  proceed 
bjr  a  suit  or  suits  at  law,  for  the  recovery  thereof,  as  by  him  my 
said  attorney  shall  be  thought  fit ;  hereby  ratifying,  &c. 

In  witness,  &c.,  [as  in  Power  of  Attorney  to  Sell  and  Lease  Lands.] 

Power  to  receive  a  Legacy, 

KNOW  all  men  by  these  presents,  that  whereas  A.  B.,  late  of 
,  deceased,  by  his  last  will  and  testament  did  give  and  be- 
queath unto  me,  C.  D.,  of ,  a  legacy  of ,  to  be  paid 

unto  me  on ,  of  which  said  will  E.  F.,  of ,  and  C.  II., 

of ,  are  joint  executors,  as  in  and  by  the  said  will  may  ap- 
pear :  now  know  ye,  that  I,  the  said  C.  D.,  have  made,  ordained, 

constituted,  and  appointed  J.  K.,  of ,  my  true  and  lawful 

attorney,  for  me  and  in  my  name,  and  for  my  use  and  benefit,  to 
ask,  demand,  and  receive,  of  and  from  the  said  E.  F.  and  G.  H., 
the  legacy  given  and  bequeathed  unto  me,  the  said  C.  D.,  by  the 
said  will  of  the  said  A.  B.,  as  aforesaid ;  and  upon  receipt  thereof, 
by,  or  payment  thereof  to,  my  said  attorney,  a  general  release  or 
discharge  for  the  same  to  make,  execute  and  deliver;  hereby  ra- 
tifying, confirming,  and  allowing  whatsoever  my  said  attorney 
shall  lawfully  do  in  the  premises. 

In  witness.,  &c.,  [as  in  Power  of  Attorney  to  Sell  and  Lease 
Lands.] 

Power  of  Attorney  from  Several  Creditors 

OF  A  PERSON  DECEASED,  TO  BRING  ACTIONS,  ETC.,  AND  AN  APPOINT 
MENT  OF  A  CASHIER  FOR  RAISING  AND  PAYING  MONEY  TO  DEFRAY 
THE  EXPENSES. 

WHEREAS,  A.  JB.,  late  of,  &c.,  deceased,  died  indebted  to  ua 
whose  names  are  hereunder  subscribed,  and  to  several  other  per- 
sons, by  bond,  bill,  note,  or  otherwise  :  Know  all  men  by  these  pro- 


124  POWERS    OF   ATTORNEY. 

sents,  that  we,  the  said  creditors,  do  hereby  authtrue  r>rd?r  ap. 
point,  and  empo  jver  I.  T.',  of,  &c.,  to  be  our  attorney,  fluent.  an<* 
lawful  solicitor,  and  for  us,  and  in  our  names,  and  on  cnr  behalf 
to  exhibit  or  prosecute  one  or  more  bills  in  the  court  of  chancery, 
against  such  person  or  persons  as  he  shall  be  advised,  for  an  eqm 
table  discovery  and  account  of  the  estate  and  effects  of  the  said  A 
B.,  which  is,  or  are,  or  shall  or  may  be  liable  to  the  payment  o\ 
our  said  debts ;  and  also  in  our  name,  and  on  our  behalf,  to  com 
mence  or  prosecute  any  action  or  actions,  suit  or  suits,  in  law  01 
equity,  or  otherwise,  as  he,  the  said  I.  T.,  shall  be  advised,  against 
any  person  or  persons  whomsoever,  who  hath  or  have  possessed, 
or  shall  possess  himself  or  themselves  of  such  estate  and  effects 
of  the  said  A.  B.,  in  order  to  the  recovery  of  the  said  debts  :  for 
the  doing  of  which  this  shall  be  a  sufficient  warrant  to  the  said  I. 
T.  And  in  order  for  the  carrying  on,  and  effectually  prosecuting 
such  suit  or  suits,  action  or  actions,  we,  the  said  creditors,  do  here- 
by nominate,  constitute,  and  appoint  W.  W.,  of,  &c.?  one  of  the 
eaid  creditors,  cashier  in  that  behalf,  and  do  hereby  also  promise 
and  agree  to  and  with  the  said  "VY.  W.,  that  on  his  giving  ten  days' 
notice  in  writing  to  each  of  us,  we  will  from  time  to  time  advance, 
pay,  and  contribute  to  the  said  W.  W.,  each  of  us  in  proportion  to 
the  amount  of  our  respective  demands,  such  sum  and  sums  of  mo- 
ney, at  such  times  and  places  as  he  shall  by  such  notice  in  writing 
appoint,  as  may  be  necessary  for  defraying  all  lawful  and  reason- 
able costs  and  charges  of  such  suit  or  suits,  action  or  actions,  or 
which  may  arise  by  reason  of  the  premises. 
In  witness,  &c.,  [as  in  Power  of  Attorney  to  Sell  and  Lease  Lands.] 

Power  of  Substitution. 

KNOW  all  men  by  these  presents,  that  I,  C.  D.,  of ,  by  virtue 

of  the  "power  and  authority  to  me  given,  in  and   by  the  letter  of 

attorney  of  A.  B.,  of  the  city  of ,  which  is  hereunto  annexed, 

do  make,  substitute,  and  appoint  C.  F.;  of ,  to  ask,  demand,  and 

receive,  of  and  from  G.  II.,  executor  of  the  last  will  and  testament 
of  L.  M.,  deceased,  the  legacy  bequeathed  to  the  said  A.  B.  by  the  said 
L.  M.,  as  well  for  me  as  the  true  and  lawful  attorney  and  substitute 
of  the  said  constituent  named  in  the  said  letter  of  attorney,  to  do,  ex 
ecute,  and  perform  all  and  everything  requisite  and  necessary  to 
be  done,  as  fully,  to  all  intents  and  purposes,  as  the  said  constitu- 
ent or  myself  could  do,  if  personally  present ;  hereby  ratifying  and 
confirming  all  that  the  said  attorney  and  substitute  hereby  made 
shall  do  in  the  premises,  by  virtue  hereof,  and  of  the  said  letter  of 
attorney. 

In  witness,  &c.,  [as  in  General  Custom-House  Power.] 
This  form  must  be  acknowledged  before  a  Notary  Public,  sriTae 
as  in  General  Custom-House  Power. 


POWERS    OF    ATTOBNEY.  125 

Revocation  of  a  Power  of  Attorney, 

KNOW  all  men  by  these  presents,  that  whereas  I,  A.  B.,  of , 

in  and  by  my  letter  of  attorney,  bearing  date  the day  of , 

in  the  year  one  thousand  eight  hundred  and ,  did  make,  con- 
stitute, and  appoint  C.  D.,  of ,  my  attorney,  to  recover  and  re- 
ceive all  debts  and  sums  of  money  due  to  me  from  E.  Pt>  of , 

as  by  the  aforesaid  letter  of  attorney  may  more  fully  and  at  large 
appear. 

Now  know  ye,  that  I,  the  said  A.  B.,  have  revoked,  counter- 
manded, annulled,  and  made  void,  and  by  these  presents  do  revoke, 
countermand,  annul,  and  make  void,  the  said  letter  of  attorney 
above  mentioned,  and  all  power  and  authority  thereby  given,  or 
intended  to  be  given  to  the  said  C.  D. 

In  witness,  &c.,  [as  in  Genera*  Custom-House  Power.] 

This  form  must  be  acknowledged  by  a  Notary  Public,  same  as 
in  General  Custom-House  Power. 


Stock  Power. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of ,  do  here- 
by make,  constitute,  and  appoint  C.  D.,  of ,  iny  true  and  law- 
ful attorney,  for  mo  and  in  my  name  to  sell,  transfer,  and  assign 

shares  of  capital  stock,  standing  in  my  name  on  the  books  of 

the  Mechanics'  Bank  in  the  city  of ,  with  power  also  an  at- 
torney or  attorneys  under  him  for  that  purpose  to  make  and  sub- 
stitute, with  like  power,  and  to  do  all  lawful  acts  requisite  for 
effecting  the  premises ;  hereby  ratifying  and  confirming  all  that 
my  said  attorney  or  his  Uibdtitute  or  substitutes  shall  do  therein  bj 
virtue  of  these  presents. 

Tn  witness,  &c.,  [as  in  General  Custom-House  Power.} 

Transfer  of  Stock. 

KNOW  all  men  by  these  presents,  that  I,  C.  D.,  of ,  for 

value  received,  have  bargained,  sold,  assigned,  and  transferred,  and 
by  these  presents  do  bargain,  sell,  assign,  and  transfer,  unto  E.  F., 

shares  of  capital  stock,  standing  in  my  name  on  the  books  of 

the  Mechanics'  Bank  in  the  city  of ,  and  do  hereby  constitute 

and  appoint  A.  B.,  of ,  my  true  and  lawful  attorney,  irrevoca- 
ble for  me  and  in  my  name  and  stead,  but  to  his  use,  to  sell  assign, 
transfer,  and  set  over  all  or  any  part  of  the  said  stock,  and  for 
that  purpose  to  make  and  execute  all  necessary  acts  of  assignment 
and  transfer,  and  one  or  more  persons  to  substitute  with  like  full 
power;  hereby  ratifying  and  confirming  all  that  my  said  attorney, 
or  his  substitute  or  substitutes,  shall  lawfully  do  by  virtue  hereof 

In  witness,  &c.,,  [as  in  General  Custom-House  Power.] 


120  RELEASES. 

Power  to  Receive  Dividend. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  ot—  ,  do  RU« 
thorize,  constitute,  and  appoint  C.  D.  to  receive  from  the  cashier  of 
the  Mechanics'  Bank  of  — — ,  the  dividend  now  due  to  me  on  all 
stock  standing  to  my  name  on  the  books  of  the  said  company,  and 
receipt  for  the  same ;  hereby  ratifying  and  confirming  all  that  may 
lawfully  be  done  in  the  premises  by  virtue  hereof. 

la  witness,  &c,,  [as  in  General  Custom-House  Power.} 

RE  LEASES. 

ALL  releases  must  be  accompanied  with  a  seal. 

Every  release  must  be  founded  on  some  consideration  ;  other 
wise  fraud  will  be  presumed. 

Where  a  party  has  a  cause  of  action  against  more  than  one, 
either  for  money  or  injury,  for  which  all  are  responsible,  a  release 
to  one  is  understood  to  be  a  release  to  all. 


General  Release  of  all  Demands, 
KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  for  and 

in  consideration  of  the  sum  of ,  to  me  paid  by  C.  D.,  of,  &c., 

(the  receipt  whereof  I  do  hereby  acknowledge,)  have  remised,  re- 
leased, and  forever  discharged,  and  I  do  hereby,  for  myself,  my 
heirs,  executors,  administrators,  and  assigns,  remise,  release,  and 
forever  discharge  the  said  C.  D.,  his  heirs,  executors,  and  adminis- 
trators, of  and  from  all  debts,  demands,  actions,  and  causes  of  ac- 
tion, which  I  now  have,  in  law  or  equity,  or  which  may  result  from 
the  existing  state  of  things,  from  any  and  all  contracts,  liabilities, 
doings,  and  omissions,  from  the  beginning  of  the  world  to  this  day. 
In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal, 
this  sixteenth  day  of  May,  eighteen  hundred  and  sixty. 

ABEL  BUTLER.  [L.  s.J 

Mutual  General  Release  by  Indenture. 

THIS  Indenture,  made  this day  of ,  between  A.  B.,  o^ 

&c.,  of  the  one  part,  and  C.  D..  of,  &c.,  of  the  other  part,  witnesscth  : 
That,  on  the  day  of  the  date  hereof,  the  said  A.  B.  and  C.  D.  have 
each  paid  to  the  other  the  sum  of  five  dollars ;  and  each  of  them 
has  cancelled  and  delivered  up  to  the  other  certain  covenants, 
bonds,  notes  of  hand,  and  A^ritten  contracts,  upon  which  each  of 
the  parties  claimed,  and  pretended  to  have  divers  claims  and  de- 
mands on  the  other :  the  said  claims  and  contracts,  so  cancelled 
and  delivered  up,  being  supposed  and  intended  to  be  all  the  cluiiua 


RELEASES.  127 

and  evidence  of  claim  by  each  of  the  parties  hereto  on  the  other, 
And  in  consideration  thereof,  each  of  them,  the  said  A.  B.  and  0. 
D.,  does  hereby,  for  himself  and  his  legal  representatives,  release, 
and  absolutely  and  forever  discharge  the  other,  of  and  from  all 
claims  and  demands,  actions,  causes  of  action,  of  every  name  and 
nature,  so  that  neither  of  them  shall  have  any  claim  on  the  other, 
directly  or  indirectly,  on  any  contract,  or  supposed  liability,  or 
thing  undertaken,  done,  or  omitted  to  be  done,  from  the  beginning 
of  the  world  to  this  day. 

In  testimony,  &c.,  fas  in  General  Release  of  all  Demands.] 


Release  to  a  Guardian. 

KNOW  all  men,  &c.,  that  A.  B.,  &c.,  son  and  heir  of  B.  B.,  de- 
ceased, hath  remised,  released,  and  forever  quit-claimed,  ana  by 

these  presents  doth  remise,  &c.,  unto  C.  D.,  of ,  his  guardian, 

all  and  all  manner  of  action  and  actions,  suits,  reckoning**,  accounts, 
debts,  dues,  and  demands  whatsoever,  which  he,  the  said  A.  B. 
ever  had,  now  hath,  or  which  he,  his  executors  or  administrators, 
at  any  time  hereafter,  can  or  may  have,  claim,  or  demand,  against 
the  said  C.  D.,  his  executors  or  administrators,  for,  touching,  and 
concerning  the  management  and  disposition  of  any  of  the  lands, 
tenements,  and  hereditaments  of  the  said  A.  B.,  situate,  &c.,  or  any 
part  thereof,  or  for,  or  by  reason  of,  any  moneys,  rents,  or  profits 
by  him  received  out  of  the  same,  or  any  payments  made  thereout, 
during  the  minority  of  the  said  A.  B.,  or  by  reason  of  any  matter, 
cause,  or  thing  whatsoever,  relating  thereto,  from  the  beginning  ol 
the  world  to  the  day  of  the  date  hereof. 

In  witness,  &c.,  [as  in  General  Releast  of  all  Demands.] 


Release  of  Dower  to  the  Heir- 

KNOW  all  men,  &c.,  that  I,  A*  B.,  &c.,  relict  of  B.  B.,  late,  &c.,  aa 
well  for  and  in  consideration  of,  &c.,  to  me  paid  at  or  before.  &o., 
by  my  son,  J.  B.,  &c.,  (the  receipt  whereof  I  do  hereby  acknowl- 
edge,) and  for  the  love  and  affection  which  I  have  to  my  said  son, 
have  granted,  remised,  released,  and  forever  quit-claimed,  and  by 
these  presents  do,  &c.,  unto  the  said  J.  B.,  his  heirs  and  assigns 
forever,  all  the  dower  and  thirds,  right  and  title  of  dower  and 
thirds,  and  all  other  right,  title,  interest,  property,  claim,  and  de- 
mand whatsoever,  in  law  and  in  equity,  of  me,  the  said  A.  B..  of, 
in,  and  to  [a  description  of  certain  parcel  of  land,  $*c.,  and  how  n 
descended  to  A.  B.  and  B.  ;'\  so  that  neither  I,  the  said  A.  B.,  my 
heirs,  executors,  or  administrators,  nor  any  other  perse  n  or  per« 
eons  for  me,  them,  or  any  of  them,  shall  have,  claim,  challenge, 
or  demand,  or  pretend  to  havft,  &CM  any  dower  or  thirds,  or  any 


128  RELEASES. 

other  right,  title,  claim,  or  demand,  of,  in,  or  to  the  said  premise* 
but  thereof  and  therefrom  shall  be  utterly  debarred  and  excluded 
forever  by  these  presents. 

In  witness,  &c.,  [as  in  General  Relcau  if  all  Demands.} 

Release  of  Dower,  in  consideration  of  an  Annuity  given  m  a 
Will. 

To  all  persons,  &c.,  M.  N.,  &e.,  widow,  relict,  and  residuary  lega- 
tee of  J.  N.,  late  of ,  esq.,  deceased,  sendeth  greeting  : 

WHEREAS,  the  said  J.  N.,  in  and  by  his  last  will  and  testament, 
duly  signed,  sealed,  published,  and  declared  in  my  presence,  and 

with  my  approbation,  bearing  date ,  did  settle  and  secure 

unto  and  upon  me,  the  said  M.  N.,  an  annuity  of ,  to  be  paid 

unto  me  half-yearly,  by  equal  payments,  in  lieu  and  full  satisfac- 
tion of  the  dower  or  thirds  at  common  law,  which  T  might  other- 
wise have,  claim,  or  be  entitled  unto,  out  of  all  and  every  the  lands, 
tenements,  and  hereditaments  whatsoever  of  my  said  late  husband, 
deceased,  or  of,  in,  to,  or  out  of  the  reversion  or  remainder,  rents, 
issues,  and  profits  thereof:  Now.  know  ye,  that  I,  the  said  M.  N., 
for  and  in  consideration  of  the  said  annuity  so  secured  to  me  aa 
aforesaid,  and  in  pursuance  and  part  performance  of  the  said  last 
•will  and  testament  of  my  said  late  husband,  do  hereby  declare  my- 
self fully  satisfied  and  contented  therewith,  and  do  hereby  remise, 

release,  and  forever  quit-claim  unto  T.  II.,  of ,  and  T.  F.,  of 

,  trustees,  appointed  in  and  by  the  said  last  will  and  testa- 
ment of  my  said  late  husband,  (in  their  actual  possession  and  seizin 
now  being,)  their  executors,  &c.,  all,  and  all  manner  of  dower,  &c., 
&c. 

In  witness,  &c.,  [as  in  General  Release  of  all  Demands  1 

Eelease  of  a  Trust. 

To  all,  &c.,  A.  B.,  &c.,  sendeth  greeting  : 

WHEREAS,  by  indenture,  bearing  date ,  made  between,  &c.. 

[here  recite  the  deed,}  in  which  said  indenture  the  said  A.  B.  doth 
hereby  declare  that  his  name  was  only  used  in  trust,  for  the  benefit 

Lnd  behoof  of  C.  D.,  of :  Now,  know  ye,  that  I,  the  said  A. 

B.,  ia  discharge  of  the  trust  reposed  in  me,  at  the  request  of  the 
eaid  C  D.,  have  remised,  released,  and  surrendered,  assigned,  and 
set  over,  and  by  these  presents,  for  me,  my  executors  and  adminis- 
trators, do  freely  and  absolutely  remise,  &c.,  unto  the  said  C.  D., 
bis  executors,  &c.,  all  the  estate,  right,  title,  interest,  use,  benefit, 
privilege,  and  demand  whatsoever,  which  I,  the  said  A.  B.,  have  or 
may  have,  or  claim,  of  or  to  the  said  premises,  or  of  and  in  any 
sum  of  money,  or  other  matter  or  thing  whatsoever,  in  the  said  in- 
denture contained,  mentioned,  and  expressed  ;  so  that  neither  I,  kUe 


^   LANDLORD  AND  TENANT.  12$ 

said  A.  B.,  my  executors  or  administrators,  or  any  of  us,  at  any 
time  hereafter,  shall  or  will  ask,  claim,  challenge,  or  demand,  any 
interest,  &c.,  or  other  thing,  in  any  manner  whatsoever,  by  reason 
or  means  of  the  said  indentuie  or  any  covenant  therein  contained, 
but  thereof  and  therefrom,  and  from  all  actions,  suits,  and  de- 
mands, which  I,  my  executors,  administrators,  or  assigns,  may 
have  concerning  the  same,  shall  be  utterly  excluded  and  forever 
ebarred  by  these  presents. 
In  witness,  &cv  [as  in  General  Release  of  all  Demands.] 


LANDLORD  AND  TENANT. 

A  CONTRACT  from  a  landlord,  empowering  a  tenant  to  take  pos- 
session, for  a  stated  period,  of  certain  property,  at  a  stipulated 
rental,  is  called  a  lease  or  demise.  It  may  be  for  a  month,  a 
quarter,  one  year,  a  term  of  years,  for  life,  or  at  the  will  of  either 
of  the  parties.  Leases  for  less  than  a  year  require  no  written 
agreement  •  if  for  a  longer  period,  th«y  must  be  in  writing ;  if  for 
life,  they  must  be  written,  signed,  sealed,  and  witnessed,  like  any 
other  important  instrument. 

No  particular  form  is  needed  •  any  instrument  that  conveys  the 
property  in  a  plain,  common-sense  manner,  to  the  tenant,  at  a  stipu- 
lated  rent,  payable  monthly,  quarterly,  or  send-annually,  as  the 
parties  may  agree,  is  all  that  i$  required. 

Where  no  agreement  can  be  shown  in  writing  for  more  than  a 
year,  the  tenant  only  holds  the  property  from  year  to  year  at  the 
discretion  of  the  landlord. 

When  a  person  enters  into  possession  of  a  property  without  an 
agreement  in  regard  to -time,  it  is  generally  held  that  he  is  a  tenant 
from  year  to  year. 

A  tenant  is  responsible  for  taxes  only  when  it  is  so  stated  in  the 
lease.  Verbal  promises  are  of  no  effect.  A  lease  must  speak  for 
itself. 

A  lease  must  be  delivered  to  the  parties  for  whom  it  is  intended. 
If  it  should  fall  into  the  hands  of  a  party  accidentally,  without  the 
other  intending  it,  it  would  be  invalid.  A  lease,  if  for  a  valuable 
property,  should  be  acknowledged  before  a  Commissioner  of 
Deeds,  which  does  away  with  the  difficulty  frequently  attending 
witnesses;  who  very  often  cannot  be  found  when  wanted :  whereas 


LANDLORD    AND   TEKANT. 

4 

an  authenticated  document  can  be  read  in  evidence  without  furthet 
proof. 

A  lease  of  thrso  years  or  more  should  be  recorded  in  the  county 
where  the  property  lies,  to  protect  purchasers  of  real  eetato, 
against  secret  or  fraudulent  conveyances. 

Unless  there  is  a  provision  in  the  lease  forbidding  it,  the  tenant 
has  a  right  to  underlet  as  much  of  the  property  as  he  pleases,  so 
long  as  his  lease  runs.  A  mere  tenant  at  will,  however,  cannot 
underlet 

A  married  woman  cannot  make  a  lease  even  of  her  own  prop- 
erty ;  for  her  husband  has  sole  control  over  her  estate  during  his 
life,  and  he  alone  can  demise  it.  Such  leases  are  binding  on  her, 
however,  only  during  the  life  of  her  husband. 

A  minor  cannot  make  a  lease  for  which  he  can  be  held  on  reach- 
ing his  majority  j  it  will  bind  the  lessee,  however,  until  the  minor 
sees  fit  to  release  him.  But  if  he  receives  the  rent  after  his  twenty- 
first  year,  he  thereby  ratifies  the  lease,  and  becomes  bound  for  its 
provisions.  A  guardian  can  give  no  lease  that  shall  extend  be- 
yond the  majority  of  his  ward.  A  minor  can  become  a  lessee,  but 
he  is  privileged  to  give  it  up  when  so  disposed ;  he  can  hold  the 
landlord,  however,  if  he  so  desires.  A  married  woman  cannot 
lease  property ;  yet.  if  she  occupies  a  house,  her  husband  will  bo 
liable  to  the  landlord  for  the  rent.  • 

Where  there  are  no  writings  the  tenancy  commences  from  the 
day  the  tenant  takes  possession.  Where  there  are  writings,  and 
the  time  for  the  commencement  of  the  tenancy  is  not  stated,  it  will 
be  considered  as  having  begun  at  the  time  the  writings  were  de- 
livered. 

A  lease  for  a  term  of  years,  without  mentioning  the  number,  is 
good  only  for  two  years. 

When  a  landlord  consents  to  receive  a  substitute,  the  first  ten- 
ant  is  released. 

A  new  lease  invalidates  a  former  one. 

A  lease  by  a  mortgager  is  good  only  so  long  as  the  mortgagee  ro- 
Trains  from  foreclosing  the  mortgage. 

When  a  landlord  executes  a  lease  on  verbal  misrepresentation, 
the  tenant  can  recover  a  deductian  from  the  rent  fir  the  fraud 


LANDLORD  AND  TENANT.  131 

A  lease  for  a  farm  will  be  invalid  at  the  end  of  twelve  years,  if 
any  rent  or  service  of  any  kind  is  reserved. 

A  tenancy  at  will  may  be  terminated  in  the  eastern  states  by 
giving  the  tenant  three  months'  notice  in  writing ;  in  the  middle  and 
southern  states  by  six  months  ;  in  the  western  states  by  one  month. 
A  tenant  is  also  free  to  notify  the  landlord  of  his  intention  to  quit 
the  premises;  if  he  fail  to  relinquish  possession  at  the  time  men- 
tioned in  his  notice  he  will  be  liable  for  double  rent. 

Where  occupancy  is  for  a  short  period — a  week-,  for  instance, 
a  month,  or  a  quarter — the  length  of  the  notice  to  quit  must  ba 
regulated  by  the  letting ;  as  a  week's  notice  for  a  week's  letting 
and  a  month's  notice  for  a  month's  letting. 

A  landlord  can  no  longer  distress  for  rent  in  New-York,  the  law 
authorizing  it  having  been  abolished. 

When  the  right  of  re-entry  is  reserved,  such  re-entry  may  be 
made  at  any  time  after  default  in  the  payment  of  the  rent,  by 
previously  giving  the  tenant,  or  his  legal  representatives,  fifteen 
days'  notice  to  that  effect. 

A  tenant  or  under  tenaat  may  be  removed  by  an  order  from  any 
Judge  of  the  county  courts  or  by  any  Justice  of  the  Peace  of  the 
town  or  city  in  which  the  premises  are  situated. 

Rent  may  be  collected  by  action,  after  the  summary  removal  of 
the  tenant 


Agreement  for  a  Lease. 

THIS  agreement,  made   this  day   of  ,   in  the    year 

eighteen  hundred  and  sixty,  between  A.  B.  of ,  and  C.  P.,  of 

said  city,  merchant,  witnesseth,  That  A.  B.  agrees,  by  indenture,  to 

be  executed  on  or  before  the day  of next,  to  demise  and 

lot  to  the  said  G.  D.,  a  certain  house  and  lot  in  said  city,  now  or 

late  in  the  occupation  of  E.  F.,  known  as  No.  — ,  in street,  to 

hold  to  the  said  C.  D.,  his  executors,  administrators,  and  assigns, 

from  the day  of ,  aforesaid,  for  and  during  the  term  of 

three  years,  at  or  under  the  clear  yearly  rent  of dollars,  pay- 
able quarterly,  clear  of  all  taxes  arid  deductions  except  tho 
ground  rent.  In  which  lease  there  shall  be  contained  covenants 
on  the  part  of  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  to  pay  tho  rent,  (except  in  case  tho  premises  are  destroved 
by  fire,  the  ront  is  to  cease  until  they  are  rebuilt  by  «he  said  A.  B.,} 
and  to  pay  all  taxes  and  assessments,  (except  the  ground  rent ;)  to 
repair  tho  premises,  (except  damages  by  fire;)  not  to  carry  on 


132  LANDLORD    AND    TENANT. 

any  offensive  business  on  the  same,  (except  by  written  permission 
of  the  said  A.  B. ;)  to  deliver  the  same  up  at  the  end  of  the  term, 
in  £ood  repair,  ^except  damages  by  fire,  aforesaid  :)  with  all  other 
usual  and  reasonable  covenants,  and  a  proviso  for  the  re-entry  of 
the  said  C.  D.,  his  heirs  and  assigns,  in  case  of  the  non-payment  ot 
the  rent  for  the  space  of  fifteen  days  after  either  of  the  said  rent- 
days,  or  the  non-performance  of  any  of  the  covenants.  And  there 
shall  also  be  contained  covenants  on  the  part  of  the  said  A.  B.,  his 
heirs  and  assigns,  for  quiet  enjoyment ;  to  renew  said  lease  at  the 
expiration  of  said  term,  for  a  further  period  of  twenty-one  years 
at  the  same  rent,  on  the  said  C.  D.,  his  executors,  administrators, 
or  assigns,  paying  the  said  A.  B.,  his  executors,  administrators, 
or  assigns,  the  sum  of  five  hundred  dollars,  as  a  premium  for  such 
renewal  •  and  that  in  case  of  an  accidental  fire,  at  any  time  during 
the  term,  the  said  A.  B.  will  forthwith  proceed  to  put  the  prem- 
ises in  as  good  repair  as  before  such  fire,  the  rent  in  the  meantime 
to  cease.  And  the  said  C.  D.  hereby  agrees  to  accept  such  lease 
on  the  terms  aforesaid.  And  it  is  mutually  agreed,  that  the  cost 
of  this  agreement,  and  of  making  and  recording  said  lease,  and  a 
counterpart  thereof,  shall  be  borne  by  the  said  parties  equally. 

As  witness  our  hands  and  seals,  the  day  and  year  first  above 
written. 

fn  presence  of  A.  B.     [L.  s.] 

J.  S.  C.  D.     [L.  s.] 

Landlord's  Agreement  of  Lease. 

THIS  is  to  certify,  that  I  have,  this day  of ,  i860,  let 

and  rented  unto  Mr.  C.  D.,  my  house  and  lot,  known  as  No.  — ,  in 

—  street,  in  the  city  of ,  with   the  appurtenances,  and  the 

eole  and  uninterrupted  use  and  occupation  thereof,  for  one  year,  to 

commence  the day  of next,  at  the  yearly  rent  of 

dollars,  payable  quarterly,  on  the  usual  quarter-days ;  rent  to  cease 
in  case  the  premises  are  destroyed  by  fire.  A.  B 


Tenant's  Agreement, 

THIS  is  to  certify,  that  I  have  hired  and  taken  from  Mr.  A.  B., 

his  house  and  lot,  known  as  No.  — ,  in street,  in  the  city  of 

,  with  the  appurtenances,  for  the  term  of  one  year,  to  com- 
mence the  first  day  of next,  at  the  yearly  rent  of 

dollars,  payable  quarterly  on  the  usual  quarter-days.  And  I  do 
hereby  promise  to  make  punctual  payment  of  the  rent  in  manner 
aforesaid,  except  in  case  the  premises  become  untenantable  from 
fire  or  any  other  cause,  when  the  rent  is  to  cease  ;  and  do  further 
promise  to  quit  and  surrender  the  premises,  at  tho  expiration  of 


LANDLORD  AND  TENANT.  133 

the  term,  in  as  good  state  and  condition  as  reasonable  uso  and 
wear  thereof  will  permit,  damages  by  the  elements  excepted. 

Given  under  my  hand  and  seal,  the day  of ,  I860. 

In  presence  of  C.  IX  [L.  s.] 

J.  S. 


Security  for  Rent. 

IN  consideration  of  the  letting  of  the  premises  above  described, 
and  for  the  sum  of  one  dollar,  I  do  hereby  become  surety  for  the 
punctual  payment  of  the  rent,  and  performance  of  the  covenants 
in  tne  above  written  agreement  mentioned,  to  be  paid  and  per- 
formed by  C.  D.,  as  therein  specified  aad  excepted ;  and  if  any  de- 
fault shall  be  made  therein,  I  do  hereby  promise  and  agree  to  pay 
unto  Mr.  A.  B.,  such  sum  or  sums  of  money  as  will  be  sufficient  to 
make  up  such  deficiency,  and  fully  satisfy  the  conditions  of  the 
said  agreement,  without  requiring  any  notice  of  non-payment  or 
proof  of  demand  being  made. 

Given,  &c.?  [as  in  Tenant's  Agreement.] 


Tenant's  Agreement  for  a  House,  embracing  a  Mortgage 
of  his  Chattels. 

THIS  is  to  certify,  that  I,  A.  B.,  have  hired  and  taken  from  C. 

D.,  tlie  premises  known  as  No.  — ,  in street,  in  the  city  of 

New  York,  for  the  term  of  one  year  from  the  first  day  of  May 
next,  at  the  yearly  rent  of  four  hundred  dollars,  payable  quar- 
terly. And  I  hereby  promise  to  make  punctual  payment  of  the 
rent  in  manner  aforesaid,  and  quit  and  surrender  the  premises 
at  tiie  expiration  of  said  term,  in  as  good  state  and  condition  as 
reasonable  use  and  wear  thereof  will  permit,  damages  by  the  ele- 
ments excepted ;  and  engage  not  to  let  or  underlet  the  whole  or 
any  part  of  the  said  premises,  or  occupy  the  same  for  any  business 
deemed  extra-hazardous  on  account  of  fire,  without  the  written 
consent  of  the  landlord,  under  the  penalty  of  forfeiture  and  dam- 
ages. And  I  do  hereby  mortgage  and  pledge  all  the  personal 
property,  of  what  kind  soever,  which  I  shall  at  any  time  have  on 
said  premises,  and  whether  exempt  by  law  from  distress  for  rent 
01  d?.ie  under  execution,  or  not,  to  the  faithful  performance  of 
these  covenants,  hereby  authorizing  the  said  C.  D.,  or  his  assigns, 
to  iistrain  upon  and  sell  the  same,  in  case  of  any  failure  ot,  my 
part  to  perform  the  said  covenants,  or  any  or  either  of  thorn. 

Given,  &c.,  [as  in  Tenant's  Agreemcnt.\ 


134  IANDLORD   AND   TENANT. 


Landlord's  Agreement. 

THIS  is  to  certify,  that  I,  C.  D.,  have  let  and  rented  unto  A.  R 

the  premises  known  as  No.  — ,  in street,  in  the  city  of  New 

York,  for  the  term  of  one  year  from  the  first  day  of  May  next,  at 
the  yearly  rent  of  four  hundred  dollars,  payable  quarterly.  The 
premises  are  -not  to  be  used  or  occupied  for  any  business  deemed 
extra-hazardous  on  account  of  fire,  nor  shall  the  same,  or  any  part 
thereof,  be  let  or  underlet,  except  with  the  consent  of  the  land- 
lord  in  writing,  under  the  penalty  of  forfeiture  and  damages 

Given,  &c.,  [as  in  Tenant's  Agreement.] 

Agreement  for  Part  of  a  House. 

MEMORANDUM  of  an  agreement  entered  into,  the day  of -, 

1860,  by  and  between  A.  B.,  of ,  and  C.  D.,  of,  &c.,  whereby 

the  said  A.  B.  agrees  to  let,  and  the  said  C.  D.  agrees  to  take  tho 
rooms  or  apartments  following,  that  is  to  say :  an  entire  first  floor, 
and  one  room  in  the  attic  story  or  garret,  and  a  back  kitchen  and 
cellar  opposite,  with  the  use  of  the  yard  for  drying  linen,  or  beat- 
ing carpets  or  clothes,  being  part  of  a  house  and  premises  in  which 

the  said  A.  B.  now  resides,  situate  and  being  in  No.  — ,  in 

street,  in  the  city  of ,  to  have  and  to  hold  the  said  rooms  and 

apartments,  and  the  use  of  the  said  yard  as  aforesaid,  for  and  dur 

ing  the  term  of  half  a  year,  to  commence  from  the day  of 

,  instant,  at  and  for  the  yearly  rent  of dollars,  lawful 

money  of  the  United  States,  payable  monthly,  by  even  and  equal 

portions,  the  first  payment  to  be  made  on  the day  of next 

ensuing  the  date  thereof;  and  it  is  further  agreed  that,  at  the  ex- 
piration of  the  said  term  of  half  a  year,  the  said  C.  D.  may  hold, 
occupy,  and  enjoy  the  said  rooms  or  apartments,  and  have  the  uso 
of  the  said  yard  as  aforesaid,  from  month  to  month,  for  so  long  a 
time  as  the  said  C.  D.  and  A.  B.  may  and  shall  agree,  at  the  rent 
above  specified  j  and  that  each  party  be  at  liberty  to  quit  pos- 
session on  giving  the  other  a  month's  notice  in  writing.  And  it  is 
also  further  agreed,  that  when  the  said  C.  D.  shall  quit  the  premi- 
ses, he  shall  leave  them  in  as  good  condition  and  repair  as  they 
shall  be  in  on  his  taking  possession  thereof,  reasonable  wear 
excepted. 

Witness,  &c.,  [as  in  Agreement  for  a  Lease.] 


Lease  of  a  House  for  Five  Years, 

THIS  Indenture,  made  the  first  day  of  April,  one  thousand  eight 
hundred  and  sixty,  between  A.  B.  of  the  city  of  New-York,  mer- 
chant, of  the  first  part,  and  C  D  of  said  city,  bookseller,  of  the 


LANDLORD    AND    TENANT.  135 

second  part,  wu-nesseth.  That  the  said  party  of  the  first  part  hath 
let,  and  by  these  presents  doth  grant,  demise,  and  let,  unto  the  said 
party  of  the  second  part,  his  executors,  administrators  and  assigns, 
all  that  brick  house,  messuage,  or  tenement,  with  all  and  singular 
its  appurtenances,  situate  in  the  ninth  ward  of  the  said  city  of 

New-York,  and  known  as  No.  — ;  in  street,  in  said  city,  to 

have  and  to  nold  the  said  premises,  with  the  appurtenances,  unto 
the  said  C.  D.,  his  executors,  administrators  and  assigns," for  the 

term  of  five  years  from  the  first  day  of ,  one  thousand  eight 

hundred  and  sixty,  at  the  yearly  rent  of  six  hundred  dollars,  to  be 
paid  in  equal  quarter-yearly  payments,  as  long  as  the  said  premises 
are  in  good  tenantable  condition.  And  the  said  party  of  the  sec- 
ond part  doth  hereby  covenant  to  pay  to  the  said  party  of  the  first 
part  the  said  yearly  rent,  as  herein  specified,  save  and  except,  at 
all  times  during  the  said  term,  such  proportional  part  of  the  said 
yearly  rent  as  shall  grovr  due  during  such  time  as  the  house  shall, 
without  the  hindrance  of  the  said  party  of  the  second  part,  be  and 
remain  untenantable,  by  reason  of  accidental  fire.  And  that  the 
said  C.  D.,  his  executors,  administrators  and  assigns,  shall  and  will, 
during  the  said  term,  at  his  own  proper  costs  and  charges,  well 
and  sufficiently  keep  in  repair  the  said  demised  premises,  with  their 
appurtenances,  when  and  as  often  as  the  same  shall  require,  dam- 
ages by  fire  only  excepted.  And  that,  at  the  expiration  of  the 
said  term,  the  said  party  of  the  second  part  will  quit  and  surrender 
the  premises  hereby  demised,  in  as  good  state  and  condition  as 
reasonable  use  and  wear  thereof  will  permit,  damages  by  fire  only 
excepted.  And  also,  that  he,  the  said  party  of  the  second  part, 
his  executors,  administrators  and  assigns,  shall  and  will,  during 
the  said  term,  pay  and  discharge  all  taxes,  assessments,  and  other 
charges  which  shall  be  taxed;  assessed  or  charged  upon  the  said 
premises,  or  any  part  thereof.  And  the  said  party  of  the  first  part 
doth  covenant,  that  the  said  party  of  the  second  part,  on  paying  the 
said  yearly  rent,  and  performing  the  covenants  aforesaid,  shall  and 
may  peaceably  and  quietly  have,  hold  and  enjoy  the  said  demised 
premises,  for  the  term  aforesaid,  without  any  interruption  or  mo- 
lestation of  the  said  party  of  the  first  part,  his  heirs,  or  any  other 
person  whatever,  claiming  or  to  claim,  by,  from,  or  under  him  or 
them,  or  any  of  them.  And  also,  that  in  case  the  said  premises 
shall,  at  any  time  during  the  said  term,  be  destroyed  or  injured  by 
an  accidental  fire,  the  said  party  of  the  first  part,  his  executors, 
administrators  or  assigns,  shall  and  will  forthwith  proceed  to  re- 
build or  repair  the  said  promises,  in  as  good  condition  as  tho  same 
were  before  such  fire ;  and  that,  until  such  repairs  arc  mado  and 
completed,  the  said  rent  shall  cease. 
Given,  &c.;  [as  in  Tenant's  Agreement.] 


136  LANDLORD  AND  TENANT. 

Agreement  for  granting  a  Farming  Lease. 

THIS  agreement,  made  this        -  day  of ,  in  the  year  — N  -, 

between  A.  B.  of ,  of  the  one  part,  and  C.  D.  of ,  of:  the 

other  part,  witnesseth;  That  the  said  A.  B.  shall,  on  or  before  the 

first  day  of  next,  make  and  execute  unto  the  said  C.  P ,  his 

executors,  administrators  and  assigns,  a  valid  lease  of  all  thatmcs 
euage,  piece,  or  parcel  of  land,  situate,  &c.,  with  the  appurtenan. 

ces  ^hereunto  belonging,  for  the  term  of years,  from  the  lira* 

day  of ,  at   the   yearly  rent  of dollars,  payable   half 

yearly,  clear  of  all  deductions  for  taxes,  or  on  any  other  accouni 
whatever  j  the  first  payment  of  said  rent  to  be  made  on  the  firsl 

day  of next ;  and  at  and  under  the  further  yearly  rent  of  live 

dollars  for  every  acre,  and  so  in  proportion  for  a  less  quantity,  of 
meadow  or  pasture  ground,  which  shall  be  plowed  or  convened 
into  tillage,  contrary  to  a  covenant  to  be  contained  in  said  lease, 
as  hereinafter  directed;  the  first  payment  of  said  last-mentioned 
rent  to  be  made  on  the  first  half-yearly  day  after  such  conversion 
into  tillage,  as  aforesaid.  And  in  the  said  lease  there  shall  be  con-^ 
tained  covenants  on  the  part  of  the  said  C.  D.,  his  executors,  ad- 
ministrators and  assigns,  to  pay  the  aforesaid  rents,  and  to  pay  all 
taxes  and  assessments  ;  for  doing  all  manner  of  repairs  to  the  budd- 
ings, hedges,  ditches,  rail  and  other  fences  •  (the  said  A*  B.  provid- 
ing upon  the  premises,  or  within  two  miles  thereof,  rough  timber, 
bricks,  tiles  and  lime,  for  the  doing  thereof,  to  be  conveyed  by  the 
said  C.  D.,  his  executors,  administrators  or  assigns ;)  for  permission 
for  the  said  A.  B.,  his  heirs  or  assigns,  at  all  reasonable  timeb,  to 
view  the  state  of  the  premises ;  that  the  said  C.  D.,  his  executors 
or  administrators,  shall  not  carry  off  from  the  farm  any  hay,  str°.w, 
or  other  fodder,  and  that  the  said  C.  D.,  his  executors,  administra- 
tors or  assigns,  shall  spread  on  some  part  of  the  said  lands,  in  a 
husband-like  manner,  all  the  manure  and  compost  which  snail 
arise  from  the  said  farm,  and  shall,  in  all  respects,  cultivate  the 
same  in  a  husband-like  manner,  and  according  to  the  usual  co^_.se 
of  husbandry  practised  in  the  neighborhood,  and  shall  leave  all  the 
manure  and  compost  of  the  last  year,  for  the  use  of  the  landlord  or 
succeeding  tenants.  That  the  said  C,  D.,  his  executors,  adminis- 
trators or  assigns,  shall  not  cut  or  flash  any  of  the  quick  hedge  un- 
der three  years'  growth,  and  shall  cut  and  flash  those  at  season- 
able times  in  the  year,  and  at  the  time  of  doing  thereof  shall 
cleanse  the  ditches  adjoining  thereto,  and  guard  and  preserve  vhe 
hedges,  which  shall  be  so  cut  and  flashed  as  aforesaid,  from  destruc- 
tion or  injury  by  cattle,  and  shall  also,  at  all  times,  guard  and  p^e- 
eerve  all  young  hedges  and  young  trees  from  the  like  destruction 
and  injury.  That  the  said  C.  D.,  his  executors,  administrators  or 
assigns,  shall,  in  the  summer  immediately  preceding  the  determi- 
nation of  the  said  term,  to  be  granted  as  aforesaid,  prepare  for 
in  a  husband-like  manner,  such  parfc  of  ths  land  as  shall  bd 


LANDLORD   AND  TENANT.  137 

in  a  course  nf  fallow,  and  fit  to  be  sown  with  a  crop  the  ensuing 
season,  and  lay  down  with  clover-seed  and  rye-grass  twenty  acres 
of  the  arable  land  which  shall  be  then  in  tillage,  sowing  upon  each 
acre  thereof  ten  pounds  of  the  best  clovor-seed  and  one  bushel  of 
the  best  rye-grasu  seed.  And  in  the  said  lease  there  shall  be  con- 
tained a  proviso  for  re-entry  by  the  said  A.  B.,  his  heirs  or  assigns, 
in  case  of  the  non-payment  of  rent  for  the  space  of  twenty  days, 
or  non-performance  of  the  covenants.  And  there  shall  be  con- 
tained covenants  on  the  part  of  the  said  A.  B.,  his  heirs  and  as- 
Bigns,  for  quiet  enjoyment.  That  the  said  A.  B.,  his  heirs  and 
assigns,  shall  permit  the  said  C.  D.,  his  executors,  administrators  or 
assigns,  to  have  the  use  of  the  great  barn,  the  stable  for  four  horsea 
adjoining,  and  the  stack-yard  and  farm-yard,  until  one  month  after 
the  expiration  or  determination  of  the  said  term,  for  the  conveni- 
ence of  threshing  out  the  last  year's  crops  of  corn  and  grain,  and 
feeding  his  or  their  cattle  with  the  straw  and  fodder,  so  that  the 
same  may  be  made  into  manure,  to  be  left  on  the  said  premises,  as 
aforesaid ;  and  also  some  convenient  room  in  the  farm-house  for 
his  or  their  servants  to  lodge  and  diet  in,  until  the  time  aforesaAd, 
without  any  recompense  being  made  for  the  same  respectively. 
In  witness,  &c.,  [as  in  Agreement  for  a  Lease.\ 

Notice  to  Quit,  by  Landlord. 

PLEASE  to  take  notice,  that  you  are  hereby  required  to  surrendei 
and  deliver  up  possession  of  the  house  and  lot  known  as  No.  —  in 

— —  street,  in  the  city  of >,  which  you  now  hold  of  me  ;  .and 

to  remove  therefrom  on  the  first  day  of next,  pursuant  to  the 

provisions  of  the  statute  relating  to  the  rights  and  duties  of  land- 
lord and  tenant. 

Dated  this day  of .  I860. 

To  Mr.  C.  D.  A.  B.,  landlord. 

Notice  to  Quit,  by  Tenant. 

PLEASE  to  take  notice,  that  on  the  first  day  of  May  next,  I  shall 
quit  possession  and  remove  from  the  premises  I  now  occupy,  known 
as  house  and  lot  No.  — ,  in street,  in  the  city  of . 

Dated  this day  of -,  1860. 

To  Mr.  A.  B.  Yours,  &c.,  C.  D. 

The  like  where  the  Commencement  of  the  Tenancy  is  un- 
certain. 

MR.  C.  D. — I  hereby  give  you  notice  to  quit,  and  deliver  up,  on 
the day  of next,  the  possession  of  the  messuage  or  dwel- 
ling-house, [or,  rooms  aud  apartments,  or,  farm  lands  and  prerai 


138  LANDLORD    AND   TENANT. 

BOB,]  with  the  appurtenances,  which  you  now  hold  of  mo,  situate  in 

the  of ,  in  the  county  of ,  provided  your  tenancy 

originally  commenced  at  that  time  of  the  year  ;  or  otherwise,  that 
you  quit  and  deliver  up  the  possession  of  the  said  messuage,  &c., 
at  the  end  3f  the  year  of  your  tenancy  which  shall  expire  next 
af*;er  the  end  of  one  half-year  from  the  time  of  your  being  served 
with  this  notice. 
Dated,  &c.,  [as  in  notice  to  Quit,  by  Landlord.] 


Notice  to  the  Tenant  either  to  quit  the  premises  or  to  pay 
double  value. 

SIE  :  I  hereby  give  you  notice  to  qui,  and  yield  up,  on  the 

day  of next,  possession  of  the  messuage,  lands,  tenements,  and 

Hereditaments,  which  you  now  hold  of  me,  situate  at  ,  in  the 

parish  of ,  and  county  of ,  in  failure  whereof  I  shall  re- 
quire and  insist  upon  double  the  value  of  the  said  premises,  ac- 
cording to  the  statute  in  such  case  made  and  provided. 

Dated,  &c.,  [as  in  notice  to  Quit,  by  Landlord.] 


Oath  of  Holding  Over. 

CITY  CF ,  55. 

A.  B.,  of  said  city,  merchant,  being  duly  sworn,  doth   depose 

and  say,  that  on  or  about  the day  of -,  the  deponent 

rented  unto  C.  D.,  of  said  city,  printer,  the  house  and  lot  known 

as  No.  — ,  in street,  in  said  city,  for  the  term  of  one  year 

from  the  first  day  of  May  then  next,  which  said  term  has  expired, 
and  that  the  said  C.  D.,  or  his  assigns,  holds  over  and  continues  in 
the  possession  of  the  said  premises,  without  the  permission  of  this 
deponent. 

Sworn  before  me,  this day  of A.  B- 

0.  P.,  Commissioner  of  Deeds. 


Summons  to  Remove, 

To  C.  D.,  of  the  city  of .  printer,  or  any  other  person  claim 

ing  possession  of  the  premises  hereinafter*  mentioned : 
WHEREAS  A.  P.,  of  said  city,  merchant,  has  made  o^th,  and  pro- 

sented  the  same  to  me,  that  on  or  about  the day  of 

he  rented  unto  you,  the  said  C.  D.,  the  house  and  lot  known  as 

No.  — ,  in street,  in  the  said  city  of  New  York,  for  the  term 

of  one  year  from  the  first  day  of  May  then  next  ensuing,  and  that 
you,  or  your  assigns,  hold  over  and  continue  in  possession  oi'  the 
«aid  premises,  after  the  expiration  of  your  term  therein,  without 


LANDLORD  AND  TENANT.  1&9 

the  permission  of  the  landlord :  Therefore,  in  the  name  of  the 
people  of  the  State  of ,  you  are  hereby  summoned  and  re- 
quired forthwith  to  remove  from  *he  said  premises,  or  show  cause 

before  me,  at  my  office  in  the  said  city,  on  the day  of ,  at 

three  o'clock  in  the  afternoon,  why  possession  of  the  said  premises 
should  not  be  delivered  to  the  landlord. 

Witness  my  hand,  the day  of . 

M.  N.j  one  of  the  Judges  of  Court  of  Common  Pleas. 


Affidavit  of  the  Service  of  the  Summons. 

COUNTY,  ss. 

.  WILLIAM  GRANT,  of  the  city  of ,  in  said  county,  beina 

eworn,  saith,  that  on  the day  of ,  instant,  he  served 

the  annexed  summons  upon  C.  D.,  the  tenant  therein  named,  by 
delivering  to  him  personally  a  true  copy  thereof,  at  the  same  time 
showing  him  the  original. 


Warrant  to  put  in  Possession. 

To  any  one  of  the  Constables  or  Marshals  of  the  city  of -s 

greeting : 

WHEREAS,  A.  B.,  of  the  city  of ,  has  made  oath,  and  pre- 

evented  the  same  to  me,  that  on  or  about  the day  of , 

he  rented  unto  C.  D.,  of  said  city,  printer,  the  house  and  lot  known 

as  No.  — ,  in street,  in  said  city,  for  the  term  of  one  year 

from  the  first  day  of then  next,  and  that  he  (or,  his  assigns) 

holds  over  and  continues  iu  possession  of  the  same,  after  the  ex- 
piration of  his  term  therein,  without  the  permission  of  the  land- 
lord ;  whereupon  I  issued  a  summons,  requiring  the  said  tenant 
forthwith  to  remove  from  the  said  premises,  or  show  cause  before 
me,  at  a  certain  time  now  past,  why  the  possession  of  the  said 
premises  should  not  be  delivered  to  the  landlord  ;  and  no  sufficient 
cause  having  been  shown  to  the  contrary,  and  I  being  satisfied,  by 
due  proof,  of  the  service  of  the  said  summons,  do,  therefore,  ir 

the  name  of  the  people  of  the  State  of ,  command  you  tc 

remove  all  persons  from  the  said  premises,  and  put  the  landlord  in 
full  possession  thereof.  M.  N. 

Witness,  &c.,  [as  in  Summons  to  Remove.] 


Warrant  to  dispossess  a  Tenant  for  non-payment  of  Rent 

To  any  one  of  the  Constables  of  the  County  of ,  greeting  : 

Wild  REAS, hath  made  oath  before  me  that -was  justly 


140  LANDLORD  AND  TBMAK& 

indebted  uuto  him  in  the  sum  of dollars,  for  rent  of  a  house 

and  lot  belonging  to  the  said ,  and  situate  in  the  village  of 

,  in  said  county  of ,  and  in  which  the  said now  re- 
sides ;  that  he  had  demanded  the  said  rent  or  possession  of  tho 

premises  in  duo  form  of  law,  from  the  said ,  who  hath  made 

default  in  the  payment  thereof  pursuant  to  the  agreement  under 
which  the  premises  were  let;  and  that  he  holds  overland  contin- 
ues in  possession  of  the  same  without  the  permission  of  tho 
landlord,  after  default  in  the  payment  of  the  rent  as  aforesaid ; 
and  that  satisfaction  of  the  said  rent  could  not  be  obtained  by  dis- 
tress of  any  goods  :  Whereupon  I  issued  a  summons,  requiring  the 
tenant  to  remove  from  said  premises,  or  to  show  cause  before  me, 
at  a  certain  time  now  past,  why  the  landlord  should  not  be  put  in 
possession  of  the  said  premises  ;  and  due  proof  of  the  service  of 
said  summons  having  been  made  to  me,  and  no  good  cause  against 
the  said  landlord's  application  having  been  shown,  or  in  any  way 

appearing:  Therefore  the  people  of  the  State  of command 

you  to  remove  all  persons  from  the  said  premises,  and  put  the 

said in  full  possession  thereof. 

In  witness,  &c.,  [as  in  Summons  to  Remove.] 

Affidavit  of  the  Tenant.  * 

DENYING    SOME    MATERIAL    FACT    STATED    IN    THE   AFFIDAVIT    MAP* 
JBY   THE   LANDLORD. 

COUNTY,  ss. 

,  of ,  in  said  county,  being  sworn,  saith  :  That  he  doth 

not  owe  to  the  said the  sum  of dollars,  for  the  rent  of  tho 

house  and  lot  occupied  by  this  deponent,  in  the  village  of ,  as 

is  alleged  by  the  said ,  in  an  affidavit  lately  made  before  S.  T., 

Esq.,  one  of  the  Judges  of  county  Common  Pleas,  and  on 

which  proceedings  have  been  had  before  the  said  S.  T.,  to  remove 
this  deponent  from  the  possession  of  said  premises. 

Sworn,  &c.,  [as  in  Oath,  of  Holding  Over.] 


Order  to  Summon  a  Jury  when  the  Tenant  makes  Defence. 

COUNTY,  ss. 

To  the  Sheriff  or  any  Constable  of  said  county,  greeting: 

WHEREAS  I,  the  undersigned,  a  judge  of  the  county  courts  of 
said  county,  in  order  to  form  a  jury  to  try  certain  matters  in  con- 
troversy between  ,  landlord,  and  ,  tenant,  have,  in  due 

form  of  law,  nominated  A.,  B.,  C.,  D.,  E.,  F.,  &c.,  [naming  them,] 
eighteen  reputable  persons,  qualified  to  serve  as  jurors  in  tho  courts 
of  record  :  You  are,  therefore,  hereby  commanded,  in  the  name  of 
tbo  people  of  the  State  of ,  to  summon  the  above-nanr  J  per- 
sons, so  nominated,  to  appear  before  me  at  my  office  in  thw  village 


LANDLORD  AND  TENANT.  143 

of  — — ,  on  the  — : —  day  of ,  to  try  the  said  matters  in  differ 

ence  between  the  said  parties. 

Witness,  &c.,  [as  in  Summons  to  Remove.] 


Snbposn   to  appear  and  testify. 

COUNTY,  ss. 

THE  people  of  the  State  of ,  to :  You,  and  each  of  yon, 

are  hereby  commanded  and  required  to  appear  before  me,  one  of 
the  judges  of  the  county  courts  of  the  said  county,  at  my  office  in 

the  village  of ,  on  the day  of ,  to  testify  before  mo, 

(or,  before  a  jury,)  touching  the  matters  in  controversy  between 

,  landlord,  and ,  tenant,  relative  to  the  summary  removal 

of  such  tenant  from  the  premises  of  the  said ,  on  the  part  of 

the  said .  And  hereof  fail  not  at  your  peril. 

Witness,  &c.,  [as  in  Summons  to  Remove.} 


Warrant  to  Dispossess  the  Tenant  after  Verdict  against  Mm. 

To  any  of  the  constables  of  tbs  county  of ,  greeting  : 

WHEREAS, hath  made  oath  before  me,  that  was 

justly  indebted  unto  him  in  the  sum  of dollars,  for  rent  of  a 

nouse  and  lot  belonging  to  the  said ,  and  situate  in  the  village 

of ,  in  said  county  of ,.  and  in  which  the  said • 

now  resides  :  that  he  had  demanded  the  said  rent  or  possession  of 

the  premises,  in  due  form  of  law,  from  the  said ,  who  hath 

made  default  in  the  payment  thereof,  pursuant  to  the  agreement 
under  which  the  premises  were  let ;  and  that  he  holds  over  and 
continues  in  possession  of  the  same,  without  the  permission  of  the 
landlord,  after  the  default  in  the  payment  of  the  rent,  as  aforesaid ; 
and  that  satisfaction  of  the  said  rent  could  not  be  obtained  by  dis- 
tress of  any  goods :  Whereupon  I  issued  a  summons,  requiring  the 
tenant  to  remove  from  said  premises,  or  to  show  cause  before  me, 
at  a  certain  time  now  past,  why  the  landlord  should  not  be  put  in 
possession  of  the  said  premises.  And  whereas,  on  (or,  before)  tho 
time  appointed  in  such  summons,  the  said  —  — ,  being  in  posses- 
sion (or,  claiming  possession)  of  said  premises,  having  filed  an  aifi- 
iavit  with  me,  the  undersigned,  who  issued  said  summons,  denying 
the  facts  (or,  some,  or,  one  of  the  facts,)  upon  which  said  summons 
was  issued:  And  a  jury  having  been  regularly  nominated,  sum- 
moned, balloted  for  and  sworn,  in  pursuance  of  the  directions  of 
tha  statute  in  such  case  made  and  provided,  to  determine  the  mat- 
ters controverted  between  the  said  parties  ;  and  the  said  jury,  after 
hearing  the  proofs  and  allegations  of  the  parties,  and  being  kept 
together  by  a  proper  officer,  duly  sworn,  until  they  were  agreed 

on  their  verdict,  having  found  a  verdict  in  favor  of  the  said * 

Now,  therefore,  tho  people  of  the  State  of command  you  to 


142  IJLNDLORD   AND   TENANTS 

remove  all  persons  from  the  said  premises,  and  jjut  the  said  — — 
in  full  possession  thereof. 

Iii  witness,  &c.,  [as  in  Summons  to  Remove.] 

Affidavit  of  a  Landlord  to  turn  out  a  Tenant  who  has  taken 

the  Benefit  of  the  Insolvent  Act. 
COUNTY,  ss. 

A.  B.,  of ,  in  said  county,  being  sworn,  saith :  That  on  or 

about  the  first  day  of  May,  in  the  year  ,  this  deponent  let 

and  demised  unto  J.  D.,  the  house  and  lot  belonging  to  the  said  A. 

B.,  in  the  town  of ,  in  the  said  county,  in  which  the  said  J. 

D.  now  resides,  for  the  term  of  two  years,  at  the  yearly  rent  of  one 
hundred  dollars.  And  this  deponent  further  saith,  That  since  the 
letting  of  said  premises  by  this  deponent  to  the  said  J.  D.,  and  on 

or  about  the  day  of  last,  the  said  J.  D.  took  the 

benefit  of  the  insolvent  act,  and  was  discharged  from  his  debts  by 
D.  V.  N.  R.,  a  Supreme  Court  Commissioner  in  the  said  county,  in 
pursuance  of  the  3d  article  of  title  1  of  chapter  5  of  part  2  of  the 
lie  vised  Statutes,  [or  as  the  case  may  be.] 

Sworn,  &c.,  [as  in  Oath  of  Holding  Over.\ 


Complaint  for  Forcible  Entry,  etc. 
COUNTY,  ss. 

THE  complaint  of  D.  S.,  of ,  in  said  county,  to  J.  J.,  one  of  the 

Judges  of  the  County  Courts  of  said  county,  showeth  :  That  J.  D.,  of 

aforesaid,  on  the day  of ,  in  the  year  ,  at  the 

town  of ,  in  the  county  of aforesaid,  did  unlawfully  make 

a  forcible  entry  into  the  lands  and  possessions  of  this  complainant, 
to  wit,  the  dwelling-house  and  appurtenances  of  this  complainant, 
there  situate,  bounded,  &c.,  [insert  boundaries;]  And  then  and  there, 
with  strong  hand  and  with  multitude  of  people,  did  violently,  for- 
cibly, and  unlawfully  eject  and  expel  the  complainant  from  his 
said  lands  and  possessions,  wherein  this  complainant  had  at  the 
time  aforesaid  an  estate  of  freehold,  [or  other  estate  as  the  case  may 
be,]  then  and  still  subsisting.  And  that  the  said  J.  D.  still  doth 
hold  and  detain  the  said  lands  and  possessions  from  the  said  D.  S. 
unlawfully,  forcibly,  and  with  strong  hand  against  the  form  of  the 
Btatute  in  such  case  made  and  provided. 

Witness,  &c.,  [as  in  Notice  to  Quit  by  Landlord.\ 


Affidavit  to  accompany  the  Complaint 
•  •     COUNTY,  ss. 

D.  S.  teeing  duly  sworn,  saith :  That  J.  D.5  of ,  in  said  county, 

on  the day  of  ,  in  the  year ,  at  the  town  and  in  the 


LANDLORD  AND  TENANT.  143 

county  aforesaid,  did  unlawfully  make  a  forcible  entry  into  this  de- 
ponent's dwelling-house^  situate  in  said  town,  bounded,  &c.,  [insert 
description,]  and  then  and  there,  with  strong  hand  and  with  multi- 
tude of  people,  did  violently,  forcibly,  and  unlawfully  eject  and  ex- 
pel this  deponent  from  his  said  dwelling-house,  and  doth  still  unlaw- 
ruHy,  forcibly,  and  with  strong  hand,  detain  and  hold  the  said 
dwelling-house,  and  the  possession  thereof,  from  this  deponent. 
And  this  deponent  further  saith,  That  he  had  an  estate  of  freehold 
in  the  said  dwelling-house  at  the  time  of  the  said  forcible  entry 
and  detainer,  which  then  was  and  still  is  subsisting. 
Sworn,  &c.,  [as  in  Oath  of  Holding  Over.]  . 

Order  to  Summon  the  Jury  of  Inquiry. 

COUNTY,  ss. 

To  the  Sheriff  or  any  Constable  of  the  county  of . 

In  the  name  of  the  People  of  the  State  of ,  you  are  hereby 

commanded  to  cause  to  come  before  me,  at  the  house  of ,  ia 

the  town  of in  said  county,  on  the day  of ,   instant, 

twenty-four  good  and  lawful  inhabitants  of  the  said  county,  duly 
qualified  by  law  to  serve  as  jurors,  to  inquire  upon  their  oaths  for 
the  said  People,  of  certain  forcible  entry  and  detainer  unlawfully 
made  by  J.  D.,  as  is  said,  into  the  dwelling-house  of  one  D.  S.,  in 

the  town  of ,  in  said  county,  against  the  form  of  the  statute  in 

such  case  made  and  provided.     And  have  you  then  there  this  order 

In  witness,  &c.,  [as  in  Summons  to  Remove.] 


Notice  to  the  Person  Complained  of. 
To . 

On  the  complaint  of  D.  S.,  of  the  town  of ,  in  the  couvty  of 

,  made  to  me,  the  undersigned,  one  of  the  Judges  of  the  Boun- 
ty Courts  of  said  county,  That  you  did  unlawfully  make  a  forcible 
entry  into  the  dwelling-house  of  the  said  D.  S.,  situate  in  said  town, 
and  bounded,  [insert^  description,]  and  then  and  there,  with  esrong 
hand  and  with  multitude  of  people,  did  violently,  forcibly,  aird  un- 
lawfully eject  and  expel  the  said  D.  S.  from  his  said  dwelling- 
house,  and  do  still  unlawfully,  forcibly,  and  with  strong  hand,  de- 
tain and  hold  the  said  dwelling-house,  and  the  possession  thereof 
from  the  said  D.  S. :  I  have  this  day  issued  my  precept,  directed  to 
the  Sheriff  or  any  Constable  of  said  county,  commanding  him  to 

cause  to  come  before  me,  at  the  house  of ,  in  the  town  of , 

in  said  county,  on  the day  of  ,  instant,  twenty-four  #ood 

and  lawful  inhabitants  of  the  said  county,  duly  qualified  by  lf*w  to 
serve  assurors,  to  inquire  upon  their  oaths  of  the  said  forcible  ou- 
try  and  detainer.  Of  all  which  you  are  hereby  notified. 

Witness.  &c..  fas  in  Summons  fo  Remove.] 


144  LANDLORD  AND  TENANT. 

Affidavit  of  Service  of  preceding  Notice. 

—  COUNTY,  55. 

0.  P.  being  sworn,  saith :  That  on  the day  of ,  instnnt, 

he  served  a  notice,  of  which  the  annexed  is  a  copy,  on  J.  D.,  by  do- 
livering  the  same  to  him  personally  (or,  by  delivering  the  same  on 
the  premises  in  question  to  A.  D.,  the  son  of  said  J.  D.  of  the  age 
of  twenty  years  and  upwards,  because  the  said  S.  D.  could  not  bo 
found  ;  o>,  by  affixing  the  same  on  the  front  door  of  the  house  in 
question,  there  being  no  person  on  the  premises  •  or,  by  affixing  the 
same  on  a  post  at  the  principal  entrance  of  said  premises,  being  a 
public  and  suitable  place,  there  being  no  house  or  person  on  said 
premises.) 

Sworn,  &c.,  [as  in  Oath  of  Holding  Over.] 


Juror's  Oath. 

You,  and  each  of  you,  do  swear,  That  you  will  well  and  truly  in- 

}uire  into  the  matters  complained  of  by  David  Smith,  against 
ohn  Doc,  concerning  an  alleged  forcible  entry  and  detainer  of 
lands  and  possessions,  and  a  true  inquisition  thereof  will  make.    So 
help  you  God. 


Inquisition  of  the  Jury  of  Inquiry. 

COUNTY, 

AN  inquisition  taken  at  the  house  of ,  in  the  town  of 

in  the  county  of ,  on  the day  of ,  in  the  year ,  bj 

the  oaths  and  affirmations  of  P.  Q.,  &o.,  [here  insert  the  names  of  tht 
jurors  sworn  or  by  ivhom  the  inquisition  is  signed,]  inhabitants  oi 
said  county,  duly  qualified  to  serve  as  jurors,  before  J.  J.  Esq..  one 
of  the  judges  of  the  county  courts  of  said  county,  who  say  upon 
their  oaths  and  affirmations  aforesaid,  That  D.  S.,  of  the  town  of, 

aforesaid,  merchant,  long  since  had  an  estate  of  freehold  in 

the  dwelling-house,  with  the  appurtenances,  situated  in  the  town 

of aforesaid,  and  bounded,  &c.;  and  that  the  said  D,  S.  was 

long  since  lawfully  and  peaceably  possessed  thereof;  and  that  his 
said  estate  and  possession  so  subsisted  and  continued  until  J.  D., 
of  the  same  place,  blacksmith,  and  other  persons  unknown,  on  tho 
day  of ,  &c.,  with  strong  hand,  and  with  multitude  of  peo- 
ple, did  forcibly  and  unlawfully  enter  into  the  said  land  and  prem- 
ises, and  expel  him,  the  said  D.  S.,  therefrom.  And  him,  the  said 
D.  S.,  so  expelled  from  the  said  dwelling-house,  with  the  appurte- 
nances aforesaid,  from  the  said day  of ,  &c.,  until  tho 

day  of  the  taking  of  this  inquisition,  with  like  strong  hand  unlaw- 
fully and  forcibly  did  keep  out,  and  doth  yet  keep  out  to  the  great 
disturbance  of  the  peace  of  the  people  of  the  State  of ,  and  con- 


LANDLORD  AND  TENANT.  145 

trary  to  the  form  of  the  statute  in  such  case  made  ,  and  that  tho 
said  estate  of  the  said  D.  S.  still  subsists  therein. 

And  we,  the  jurors  aforesaid,  whose  names  are  hereto  get,  dc,  on 
the  evidence  produced  before  us,  find  the  inquisttion  aforesaid  true. 

[To  be  signed  by  the  jurors.] 


Traverse. 
J.  D.,  adsm.  THE  PEOPLE. 

ON    THE    COMPLAINT    OF    D.    S. 

AND  afterwards,  on  the day  of ,  in  the  year  ,  be- 
fore the  said  J.  J.,  one  of  the  judges  of  the  county  courts  of  said 
county  of ,  came  the  said  J.  D.,  in  his  proper  person,  and  hav- 
ing heard  the  said  inquisition  read,  says,  That  he  is  not  guilty  of 
any  of  the  matters  set  forth  therein,  and  of  this  he  puts  himself 
upon  the  country,  &c. 

Or,  having  heard  the  said  inquisition  read,  says,  That  he,  the 
said  J.  D.,  or  his  ancestors,  or  those  whose  estate  he  has  in  sail 
lands,  have  been  in  quiet  possession  thereof  for  three  whole  years 
next  before  the  said  inquisition  was  found,  and  that  his  interest 
therein  is  not  ended  nor  determined,  and  of  this  he  puts  himself 
upon  the  country,  &c. 


Venire  for  Petit  Jury. 

COUNTY,  ss. 

To  the  Sheriff  or  any  Constable  of  said  county,  greeting . 

THE  People  of  tho  State  of command  you  to  summon  per- 

sonally  twelve  good  and  lawful  men  of  the  town  of in  said 

county,  duly  qualified  to  serve  as  jurorg,  and  not  exempt  from  serv- 
ing on  juries  in  courts  of  Record,  and  in  no  wise  of  kin  to  D,  S. 
or  to  J.  D.,  to  come  before  J.  J.,  one  of  the  judges  of  the  county 

courts  cf  said  county,  at  the  house  of ,  in  the  town  of 

aforesaid,  on  the day  of instant,  to  make  a  jury  of  tho 

country,  upon  their  oaths  to  try  a  certain  traverse  of  an  inquisi. 
tion  found  upon  the  complaint  of  D.  S.,  and  now  pending  before 
the  said  J.  J.,  against  J.  D.,  of  said  county,  blacksmith,  for  a 
certain  forcible  and  unlawful  entry  made  by  the  said  J.  D.  with 
strong  hand,  into  the  dwelling-house  of  the  said  D.  S.(  in  the  town 

of ,in  said  county,  and  for  the  forcible  and  unlawful  detainer" 

thereof,  against  the  form  of  the  statute  in  such  case  made  and  pro- 
vided;  and  that  you  make  a  list  of  the  persons  summoned, 
certify  and  annex  the  same  to  this  precept, and  make  return  hereof 
to  me. 

Witness,  &c.  [as  in  Summons  to  remove.} 


146  DEBTOR   AND   CREDITOR. 

Juror's  Oath  upon  the  Traverse. 

You,  and  eacb  of  you,  do  swear,  That  you  will  well  and  truly 
near,  try,  and  determine  this  issue  of  traverse,  between  the  people 
of  the  State  of ,  and  J.  D.,  the  defendant.  So  help  you  God. 

Warrant  to  the  Sheriff  or  Constable  to  make  Restitution 

.         COUNTY,  ss. 

The  People  of  the  State  of  New-York,  to  the  Sheriff  or  any  Con- 
stable of  the  said  county,  greeting : 

WHEREAS  D.  S.,  of in  said  county,  did,  on  the day  of 

last,  make  complaint  to  the  undersigned  J.  J.,  one  of  the 

judges  of  the  county  courts  of  said  county,  that  John  Doe,  of 

aforesaid,  on  the day of ,  &c.,  [reciting  the  complaint 

to  the  word  "provided"  at  the  end.] 

You  are  therefore  hereby  commanded  to  go  to  the  said  premises, 
taking  with  you  the  power  of  the  county,  if  necessary,  and  to  cause 
the  said  D.  S.  to  be  restored  and  put  into  the  full  possession  of  the 
said  dwelling-house  and  premises,  according  to  his  estate  and  right 
therein  before  the  said  entry,  in  pursuance  of  the  statute  in  such 
case  made  and  provided. 

And  you  are  also  commanded  to  levy  the  said  sum  of  $ of 

the  goods  and  chattels  of  the  said  John  Doe  (excepting  such  goods 
and  chattels  as  are  by  law  exempted  from  execution),  and  to  bring 
the  money  before  me  within  thirty  days  from  the  date  hereof,  to 
render  to  the  said  D.  S. ;  and  if  no  goods  or  chattels  can  be  found, 
or  not  sufficient  to  satisfy  the  said  sum  of  money,  you  are  commanded 
to  take  the  body  of  the  said  John  Doe,  and  convey  him  to  the  common 
jail  of  the  said  county,  there  to  remain  until  the  said  sum  of  money, 
and  your  fees  for  collecting  the  same,  shall  be  satisfied  and  paid. 
Witness,  &c.,  [as  in  Summons  to  Remove.'] 


DEBTOR  AND  CREDITOR. 

EVERY  insolvent  may  be  legally  released  from  his  debts,  upon 
executing  an  assignment  of  all  his  property  to  his  creditors.  The 
method  of  proceeding  is  as  follows : — 1st.  He  must  present  a  petitioD 
{eee  Petition  of  Insolvent  Debtor),  signed  by  himself  and  by  so  many 
of  his  creditors  residing  in  the  United  States  as  have  debts  in  good 
faith  owing  to  them  by  such  debtor,  and  amounting  to  two  third8 
of  all  his  debts  owing  to  creditors,  to  the  Judge  or  Judges  of  the 
County  Court  in  which  he  may  reside  ;  the  petition  to  be  accom- 
panied by  the  affidavits  of  the  debtor  and  petitioning  credit^  '"nf> 


DEBTOR   AND    CREDITOR.  147 

Forms] ;  also,  by  a  schedule,  containing  a  full  and  correct  account 
of  all  the  debtor's  creditors,  the  sums  owing  to  ".ach,  and  what  for, 
the  placo  where  the  debts  accrued,  the  residence  of  each  creditor, 
and  the  assets,  real  and  personal,  of  the  debtor,  and  the  incum- 
brances  thereon,  and  of  all  the  books,  vouchers,  and  eecuritiea 
relating  thereto.  2d.  The  officer  must  notify  the  creditors,  per- 
•onally  or  by  letter,  of  the  petitioners  appeal,  and  call  upon  them 
to  show  cause,  if  any,  why  he  should  not  be  released  from  his 
debts.  Notice  to  this  effect  must  be  published  in  the  State  paper, 
and  in  the  principal  county  paper,  once  in  each  week  for  six  suc- 
cessive weeks,  if  all  the  creditors  reside  in  the  county ;  and  once 
a- week  for  ten  weeks,  if  any  them  of  reside  one  hundred  miles  from 
the  county.  3.  At  the  time  of  the  hearing  the  officer  hears  the 
proofs  and  statements  of  the  parties  to  the  petition  j  if  there  is 
no  opposition,  he  enters  an  order  requiring  the  debtor  to  make  an 
assignment.  4th.  When  the  officer  has  received  proof  of  such 
assignment,  he  grants  the  discharge,  and  the  debtor  is  free.  Credi- 
tors, however,  if  so  disposed,  may  demand  to  have  the  case  tried, 
like  any  other  cause,  before  a  jury. 

A  discharge  from  his  debts,  in  this  manner,  extinguishes  all 
claims  against  him  at  the  time  of  the  assignment,  including  all  bills 
and  notes  made  before  that  date,  although  not  yet  due ;  also,  from 
all  judgments  and  debts  of  every  kind  soever. 

Such  petitions  must  be  presented  in  the  country  to  the  County 
Judge  ;  in  cities,  to  the  Recorder,  or  to  a  Justice  of  the  Supreme 
or  Superior  Courts.  The  officer  to  whom  it  is  presented  must  re- 
side in  the  same  county  with  the  debtor ;  in  case  no  officer  in  the 
county  is  authorized  to  act  in  such  matters,  the  petition  may  be 
presented  to  an  officer  in  any  other  county  ;  the  hearing,  however, 
must,  in  all  cases,  take  place  in  the  county  where  the  debtor  resides. 

When  fraud  can  be  shown  against  the  debtor,  in  collusion  with 
certain  creditors,  wrongful  interference  with  property  once  in  the 
hands  of  the  assignee,  fraudulent  preferences,  or  false  statements., 
it  will  prevent  him  from  obtaining  the  discharge. 

Experience  has"  shown  that  the  easiest  and  cheapest  method  of 
obtaining  a  discharge,  is  by  making  a  composition,  for  so  many 
cents  per  dollar,  with  the  creditors  in  person. 

^  When  a  debtor  is  imprisoned  for  crime  for  any  term  less  than 
his  natural  life,  any  creditor  may  petition  for  trustees  to  take 
charge  of  his  estate.  When  he  is  released  from  prison,  either  bj 


148  DEBTOR   AND    CREDITOH. 

tho  expiration  of  his  sentence  or  by  pardon,  the  trudees  must  sur 
render  to  him  all  his  money  and  property  in  their  hands,  after 
retaining  their  expenses  and  lawful  commissions. 

Assignees  or  trustees  of  insolvent  or  imprisoned  debtors  may  be 
appointed  to  till  vacancies  by  the  officer  who  appointed  the  origi- 
nals, or  by  his  or  their  successors  in  office.  All  such  appointments 
must  be  certified  and  filed  in  the  office  of  the  Clerk  of  the  county. 


Form  of  Letter  of  Credit 

ROME.  NEW-YORK.  ) 
June  15,  1860.      j 

MESSRS.  BALL,  BLACK  &  Co.— Gentlemen  :  Please  deliver  to 
ANSON  PHELPS,  of  this  place,  goods  to  any  amount  not  exceeding /ve 
thousand  dollars,  and  1  will  hold  myself  accountable  to  you  for  the 
payment  of  the  Bame,  in  case  Mr.  PHELPS  should  fail  to  make  pay- 
ment therefor. 

You  will  please  to  notify  me  of  the  amount  for  which  you  may 
give  him  credit ;  and  if  default  should  be  made  in  the  payment, 
let  me  know  it  immediately. 

I  am,  gentlemen,  your  most  ob't  servant, 

EDWIN  HART. 

Messrs.  BALL,  BLACK  &  Co.,         ) 
No.  —  Broadway,  New- York,  j 


Letter  of  License  to  an  Embarrassed  Debtor. 

To  all  to  whom  these  presents  shall  come,  we,  who  have  hereunto 
subscribed  our  names,  and  affixed  our  seals,  creditors  of  I.  B.,  of 

.  send  greeting : 

WHEREAS  the  said  I.  B.,  on  the  day  of  the  date  hereof,  is  indebted 
anto  us,  the  several  creditors  hercimder  named,  in  divers  sums  of 
money,  which  at  present  he  is  not  able  to  pay  and  satisfy,  without  re- 
spite and  time  to  be  given  him  for  payment  thereof;  know  ye,  there- 
fore, that  we,  the  said  several  creditors,  and  each  and  every  of  us, 
at  the  particular  request  of  the  said  I.  B.,  have  given  and  granted, 
and,  by  these  our  present  letters,  do  give  and  grant  unto  the  said 
I.  B.,  full  and  free  liberty,  license,  power,  and  authority,  to  go 
about,  attend,  follow,  and  negotiate  any  affairs,  business,  matters, 
or  things  whatsoever,  or  at  any  place  or  places  ^whatsoever,  with- 
out any  let,  suit,  trouble,  arrest,  attachment,  or  any  other  impedi- 
ment to  be  offered  or  done  unto  the  said  I.  B.,  his  wares,  goods, 
moneys,  or  other  effects  whatsoever,  by  us  or  any  of  us,  or  by  tho 
heirs,  executors,  administrators,  partners,  or  assigns  of  us,  or  by 
our,  or  any  of  our,  means  of  procurement,  to  be  sought,  attempted; 
or  procured  to  be  done,  for  and  during months  nest,  and  -im- 


DEBTOR    AND    CREDITOK. 

mediately  ensuing  tho  day  of  the  date  hereof.  And  further,  we, 
the  said  creditors  hereunder  subscribed,  do,  and  each  of  us  doth, 
covenant  and  grant  for  ourselves,  our  heirs,  executors,  administra- 
tors, and  assigns,  respectively,  and  not  jointly,  or  one  for  another, 
or  for  the  heirs,  executors,  administrators,  or  assigns  of  each  other, 
to  and  with  the  said  I.  B.,  that  we.  or  any  of  us,  our  heirs,  execu- 
tors, administrators,  or  assigns,  or  any  of  them,  shall  not,  nor  will, 
daring  the  time  aforesaid,  sue,  arrest,  attach,  or  prosecute  the 
said  I.  B.,for,  or  on  account  of  our  respective  debts,  or  any  parfc 
thereof  j  and  that,  if  any  hurt,  trouble,  wrong,  damage,  or  hin- 
derance  be  done  unto  the  said  I.  B.,  either  in  body,  goods  or  chat- 

telf:y  within  the  aforesaid  term  of next  ensuing  the  date  hereof^ 

by  us  or  any  of  us  the  said  creditors,  or  by  any  person  or  persons, 
by  or  through  the  procurement  or  consent  of  us,  or  any  of  us, 
contrary  to  the  true  intent  and  meaning  of  these  presents,  then  the 
said  I.  B.,  by  virtue  hereof,  shall  be  discharged  and  acquitted  for- 
e\  cr,  against  such  of  us,  the  said  creditors,  his  and  their  heirs,  ex- 
ecutors, administrators,  or  assigns,  by  whom  and  by  whose  will, 
mruis  or  procurement,  he  shall  be  arrested,  attached,  imprisoned, 
grieved  or  damaged,  of  all  manner  of  actions,  suits,  deeds,  debts, 
charges,  sum  and  sums  of  money,  claims  and  demands  whatsoever, 
from  the  beginning  of  the  world  to  the  day  of  the  date  hereof. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals, 
this  third  day  of  April,  one  thousand  eight  hundred  and  sixty. 
Signed,  sealed,  and  delivered  )  J.  L.     [L.  s.l 

in  presence  of  C.  K.    [L.  s.l 

J.  S 


Letter  of  License  and  Composition  with  Creditors. 

To  all  people  to  whom  these  presents  shall  come,  we,  whose  names 

and  seals  are  hereunder  set,  creditors  of  A.  B.,  &c.,  send  greeting : 

WHEREAS  the  said  A.  B.,  at  the  day  of  the  date  of  these  presents, 

doth  justly  owe,  and  is  indebted  unto,  the  said  several  creditors 

hereunder  written,  in  divers  and  several  sums  of  money,  but,  by 

reason  of  many  losses,  he  is  unable  to  pay  and  satisfy  us  our  full 

debts  with  such  goods,  chattels,  wares  and  merchandise  as  he  hath, 

wLIch  we,  the  said  creditors,  are  unwilling  to  accept  of,  or  any  way 

to  intermeddle  with ;  and  whereas,  therefore,  we,  the  said  credit 

or0  have  agreed  to  undergo  a  certain  loss,  and  to  accept  of 

cents  for  every  dollar  owing  by  the  said  A.  B.  to  us,  the  several 
and  respective  creditors  whose  names  are  hereunto  subscribed,  to 
bo  paid  in  full  satisfaction  and  discharge  of  our  said  several  and 
respective  debts:  Now  know  ye.  that  we,  the  said  creditors  of  said 
A.  jB.,  do  for  ourselves  severally  and  respectively,  and  for  our 
several  and  respective  execute TS,  Ac.,  covenant,  promise,  compound, 
ao^  agree,  to  and  with  the  said  A.  B.,  his  executors  and  aaminis- 
tratois,  and  to  and  with  every  of  them,  by  thesa  presents,  that  we 


150  DEBTOE    AXD    CREDITOB 

the  said  seyeral  and  respective  creditors,  and  our  several  and  re* 
epective,  &c.,  shall  and  will  accept,  receive,  and  take  from  the  said 
A.  B.,  for  each  and  every  dollar  that  the  said  A.  B.  doth  owe  and 
is  indebted  unto  us,  the  said  several  and  respective  creditors  whose 

hands  are  hereunto  set,  the  sum  of cents?  in  full  discharge 

and  satisfaction  of  the  several  debts  and  sums  of  money  that  the 
said  A.  B.  doth  owe  and  is  indebted  unto  us,  the  said  creditors,  £c., 

so  that  the  said  sum  of cents  to  be  paid  for  each  and  every 

dollar  that  the  said  A.  B.  doth  owe  and  is  indebted  unto  us,  the 
said  creditors,  be  paid  to  us,  the  said  several  creditors,  or  to  our 
several  and  respective  executors,  administrators,  or  assigns,  within 
the  term  or  space  of  six  months  next  after  the  date  hereof.  And 
we,  the  said  several  creditors,  do  severally  and  Respectively,  for 
ourselves  and  our  several  and  respectiv-e  executors,  administrators, 
and  assigns,  covenant,  promise,  and  agree,  to  and  with  the  &aid  A. 
B.;  his  heirs,  &c.,  that  he.  the  said  A.  B.,  his,  c%c.,  shall  and  may» 
from  time  to  time,  and  at  all  times,  within  the  said  term  and  space 

of next  ensuing  the  date  hereof,  assign,  sell,  or  otherwise 

dispose  of  his  said  goods  and  chattels,  wares  and  merchandise,  at 
his  own  free  will  and  pleasure,  for  and  toward  the  payment  and 

satisfaction  of  the  said cents  for  each  and  every  dollar  that 

the  said  A.  B.  doth  owe,  and  is  indebted  as  aforesaid,  unto  us,  the 
said  creditors  ]  and  that  neither  we,  the  said,  &c.,  or  any  of  us,  or 
the  executors,  administrators,  or  assigns  of  us,  or  any  or  either  of 
us,  shall  or  will,  at  any  time  or  times  hereafter,  sue,  arrest,  molest, 
trouble,  imprison,  attach,  or  condemn  the  said  A  B.,  or  his  goods 
and  chattels,  for  any  debt  or  other  things  no\*  due  and  owing  to 
us,  or  any  of  us,  so  that  the  said  A.  B.  do  well  and  truly  pay,  or 

cause  to  be  paid,  the  said cents  for  every  dollar  he  doth  owe 

and  is  indebted  to  us,  the  saii,  &c.,  in  manner  and  form  aforesaid. 
In  witness,  &c.,  [as  in  Letter  of  License  to  an  Embarrassed  Debtor.] 


Petition  of  Insolvent  and  Ms  Creditors,  under  the  Two  Third 

Act 

To  the  Hon.  J.  P.  II.,  County  Judge  of County:  [or  as  tht 

case  may  be.] 

The  petition  of  A.  B.,  of  the  town  [or  city]  of ,  an  insolvent 

debtor,  and  others,  whose  names  are  hereunto  subscribed,  creditors 
of  the  said  insolvent,  residing  within  the  United  States,  respect 
fully  showeth :  That  the  said  insolvent,  from  many  unfortunate  cir- 
cumstances, has  become  insolvent,  and  utterly  incompetent  to  the 
payment  of  his  debts ;  wherefore  he,  and  your  other  petitioners, 
are  desirous  that  the  said  insolvent's  estate  should  be  distributed 
among  his  creditors,  in  discharge  of  their  debts,  so  far  as  the  sania 
will  extend;  and  for  that  purpose  pray  that  all  his  estate,  real  and 
personal,  may  be  assigned  over  and  delivered  up  to  J  K.s  of  &Q 


DEBTOR   AND   CREDITOR.  151 

and  L.  M..  of,  &c.,  as  assignees,  appointed  by  the  said  creditors^ 
having  debts  in  good  faith  owing  to  them  by  the  said  insolvent, 
now  due,  or  hereafter  to  become  due,  and  amounting  to  at  least 
two  thirds  of  all  the  debts  owing  by  the  said  insolvent,  to  creditors 
residing  within  the  United  States :  and  further,  that  the  said  in- 
solvent may  be  discharged  from  his  debts,  agreeably  to  the  direc- 
tion of  the  statute  of  the  State  of  New- York, "concerning  "Volun- 
tary assignments,  made  pursuant  to  the  application  of  an  insolvent 
•ttui  his  creditors." 

Dated  the day  of ,18  A.  B 

E.  F.,  $ £  [Insert    the  Amount  due    te 

G.  H.,  $ <  each  creditor,  opposite  the  s/g 

A.  T.  &  Co.,     $ (  nature.] 


Affidavit  of  Residence  of  Petitioner; 

I.,  C.  D.,  do  swear,  that  A.  B.,  in  the  annexed  petition  named,  is 

an  inhabitant  actually  residing  within  the  county  of  ,  and 

State  of  New-York.    "  C.  D. 

Sworn  to  before  me,  the day  i 

of ,18-.  J 

J.  P.  H.,  County  Judge,  [or  any  officer  authorized  to  take  affidavit* 
to  be  read  in  a  court  of  record.] 


Affidavit  of  Creditor. 

STATE  OF  NEW-YORK, COUNTY,  ss. 

E.  F.,  of  the  said  county,  one  of  the  petitioning  creditors  of  A. 
B.,  an  Insolvent  debtor,  being  duly  sworn,  doth   depose  and  say, 

That  the  sum  of dollars,  lawful  money  of  the  United  States, 

being  the  sum  annexed  to  the  name  of  this  deponent,  subscribed 
to  the  petition,  is  justly  due  to  him  from  the  said  insolvent,  on  ac- 
count, for  [or}  on  a  promissory  note  given  for]  goods,  wares,  and 
merchandise,  sold  and  delivered  by  him  to  the  said  insolvent ;  [or, 
as  the  case  may  be  :  stating  the  nature  of  the  demand — whether 
on  written  security  or  otherwise — and  the  general  ground  and  con 
federation  of  the  indebtedness  ;]  and  that  neither  he,  nor  any  per- 
son to  his  use,  hath  received  from  the  said  insolvent,  or  any  other 
person,  payment  of  any  demand,  or  any  part  thereof,  in  money,  or 
in  any  way  whatever,  or  any  gift  or  reward  whatsoever,  upon  any 
express  or  implied  trust  or  confidence  that  he  should  become  a 
petitioner  for  the  said  insolvent.  B.  F. 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 


152 


DEBTOR   AND    CREDITOR 


Affidavit  of  one  of  a  Firm,  who  are  Creditors. 

STATI-:  OF  NEW-YORK, COUNTY,  ss. 

A.  T.,  oi  the  said  county,  partner  of  the  firm  or  co-partnership 
of  A.  T.  &  Co.,  who,  as  one  of  the  co-partners,  and  in  their  behalf, 
hath  subscribed  to  the  petition  in  the  name  or  firm  of  their  said 
co-partnership,  as  petitioning  creditors  of  A.  B.,  an  insolvent 
debtor,  being  duly  sworn,  doth  depose  and  say,  That  the  sum  JP 

dollars,  lawful  money  of  the  United  States,  being  the  sum 

annexed  to  the  name  of  the  said  co-partnership  subscribed  to  tho 
petition,  is  justly  due  to  them  from  the  said  insolvent,  for  [state 
the  nature  of  the  demand,  whether  owing  on  written  security,  or 
otherwise,  with  the  general  ground  and  consideration  of  the  in- 
debtedness :]  and  that  neither  he,  nor  any  person  to  his  or  their 
use,  hath  received  from  the  said  insolvent,  or  any  other  pergC-l, 
payment  of  any  part  thereof,  in  money,  or  in  any  other  way  what- 
ever, or  any  gift  or  reward  whatsoever,  upon  any  express  or  im- 
plied trust  or  confidence  that  he  or  they  should  become  a  petitioner 
or  petitioners  for  the  said  insolvent. 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 


Schedule  of  Petitioner. 

THE  Schedule  of  A.  B.,  an  insolvent,  annexed  to  and  delivered 

with  his  petition,  to  the  Hon.  I).  ~W.;  Judge  of  the  Court  of , 

in  the  city  of ,  and  containing  a  full  and  true  account  of  ail 

the  creditors  of  the  said  A.  B.,with  the  place  of  residence  of  each  ; 
the  sum  owing  to  each  of  them  by  the  said  insolvent ;  the  naturj 
of  each  debt,  with  the  true  cause  and  consideration  thereof ;  and 
the  place  where  the  same  accrued:  [Here insert  Schedule.] 

Also  a  full  and  true  inventory  of  all  the  estate,  both  real  and 
personal,  in  law  and  equity,  of  the  said  A.  B.,  an  insolvent  debtor  • 
•jf  the  incumbrances  existing  thereon,  and  of  all  the  books,  vouch- 
ers, and  securities  relating  thereto,  as  follows,  to  wit : 

Ten  acres  of  land,  situate  in,  &c.,  subject  to  a  certain  mortgage, 
given;  &c. ;  twenty  shares  of  the  capital  stock  of  the  bank  of 

,  two  horses,  one  carriage,  one  sofa.  &e.  &c.  Dated  the • 

day  of 1860.  A.  B, 


Oath  of  an  Insolvent. 

1,  A.  B.,  do  swear,  that  the  account  of  my  creditors  and  the  b 
ventory  of  my  estate,  which  are  annexed  to  my  petition,  and  her*, 
with  delivered,  are  in  all  respects  just  and  true  ;  and  that  I  have 
aot  at  any  time,  or  in  any  manner  whatsoever,  disposed  of,  or  made 
«ver,  any  part  of  my  estate,  for  the  future  benefit)  of  myself  and 


DEBTOR   AND    CREDITOK.  153 

family,  tfr  in  order  to  defraud  any  of  my  creditors ;  and  that  I  have 
in  no  ihotance  created  or  acknowledged  a  debt,  for  a  greater  sum 
than  I  honestly  and  truly  owed;  and  that  I  hava  not  paid,  so 
cured  to  be  paid,  or  in  any  way  compounded  with,  any  of  my 
creditors,  with  a  view  fraudulently  to  obtain  the  prayer  of  my 
petition.  A.  B. 

Sworn,  &c.,  [as  in  affidavit  of  Residence  of  Petitioner.} 


Order  for  Creditors  to  show  Cause,  and  for  Publication. 

ORDERED,  That  all  the  creditors  of  A.  B.,  an  insolvent  debtor 
be  required  to  show  cause,  if  any  they  have,  before  me,  on  the 

day  of next,  at  —  o'clock  in  the noon,  at  my  office, 

in  the  town  of ,  why  an  assignment  of  the  paid   insolvent's 

estate  should  not  be  made,  and  he  be  discharged  from  his  debts, 
pursuant  to  the  provisions  of  the  statute  for  the  discharge  of  an 
insolvent  from  his  debts,  notice  for  which  is  to  be  published  for  six 
[or,  ten]  weeks  successively,  in  the  State  paper,  and  the  newspaper 

printed  in  the  county  of ,  entitled  the .     Dated  the 

day  of ,  1860. 

D.  P.,  Justice  of  the  Supreme  Court. 


Notice  to  be  Published. 

NOTICE  of  application  for  the  discharge  of  an  insolvent  from 
his  debts,  pursuant  to  the  provisions  of  the  third  article  of  the 
first  title  of  the  fifth  chapter  of  the  second  part  of  the  Revised 
Statutes : 

A.  B.,  of  the  town  of ,  in  the  county  of ,  an  insolvent 

debtor  :  [or,  if  the  applicant  be  a  member  of  an  insolvent  firm,  say  : 
A.  B.,  of  the  city  and  county  of  New-York,  an  insolvent  debtor, 
individually,  or  *as  one  of  the  firm  [or,  late  firm]  of  S.  &  T. :]  No- 
tice first  published  July  1,  1860.  Creditors  to  appear  before  the 

Hon.  J.  P.  II.,  County  Judge  of  said  county  of ,  at  his  office 

in  the  town  of ,  on  the day  of next,  at  ten  o'clock 

in  the  forenoon,  to  show  cause,  if  any  they  have,  why  an  assign- 
ment should  not  be  made  of  said  insolvent's  estate,  and  he  be  dis- 
charged from  his  debts. 


Notice  to  be  served  on  the  Creditors 

iESIDING    iy  THE  UNITED  STATES,  WITH  THE  NOTICE  CF  THE  ORDER 
TO  SHOW  CAUSE. 

SIR:  You  will  please  take  notice  that  the  forego! no;  [or,  the 
irithui]  is  a  copy  of  a  notice  to  show  cause,  before  the  Flon.  J,  P 


DEBTOR   AND    CREDITOR. 

H.,  County  Judge  of—-  county,  at  the  time  and  place  therein 
specified,  why  I  should  not  make  an  assignment  of  ray  estate,  and 
be  discharged  from  my  debts,  &c. 

Dated  the day  of ,  18—. 

Yours,  &c.,  A.  B. 

Proof  of  Service  of  Notice  on  Creditors  residing  in  tfie  United 
States. 

STATE  OF  NEW-YORK, COUNTY,  6*. 

A.  B.,  of  said  county,  being  duly  sworn,  says  : 

[Attach  here  a     That  on  the day  of instant,  for,  List 

printed  copy  of  past,]  he  served  the  notice,  of  which  the  annexed 
the  notice.]         printed   notice   is  a  copy,  on  C.  D.,  L.  M.,  &c., 
&c.,  by  delivering  a  copy  of  the  same  to  each 
of  them  personally,  [or,  by  depositing  a  copy  of  the  same,  pro- 
perly folded  and  directed  to  each  of  them,  at  his  usual  place  of 

residence,  in  the  post-office  at .] 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 

Order  for  Assignment 

WHEREAS,  A.  B.,  of ,  in  the  county  of ,  an  insolvent 

debtor,  did  in  conjunction  with  so  many  of  his  creditors  residing 
within  the  United  States  as  have  debts  in  good  faith  owing  to  them 
by  the  said  insolvent,  amounting  to  at  least  two  thirds  of  all  the 
debts  owing  by  him  to  creditors  residing  within  the  United  States, 
present  a  petition  to  me,  for  the  purpose  of  being  discharged  from 
his  debts,  pursuant  to  the  provisions  of  the  third  article  of  the  first 
title  of  the  fifth  chapter  of  the  second  part  of  the  Revised  Statutes ; 
upon  hearing  which,  it  satisfactorily  appeared  to  me  that  the 
Baid  insolvent  is  justly  and  truly  indebted  to  the  petitioning  credi- 
tors in  the  sums  by  them  respectively  mentioned  in  their  affidavits 
annexed  <o  the  petition;  that  such  sums  amount  in  the  aggregate 
to  two  thirds  of  all  the  debts  owing  by  him  at  the  time  of  his  pre- 
senting his  petition  to  creditors  residing  within  the  United  States, 
and  that  he  has  honestly  and  fairly  given  a  true  account  of  his  es- 
tate, and  has  in  all  things  conformed  to  tho  matters  required  of  him 
by  the  said  article :  I  do,  therefore,  direct  that  an  assignment  be 
made  by  the  said  insolvent  to  J.  K.,  of,  &c.,  and  L.  M.,  of,  &c.,  as- 
signees nominated  by  the  said  creditors,  of  all  his  estate,  both  in 
law  and  equity,  in  possession,  reversion,  or  remainder,  excepting 
from  the  articles  mentioned  in  his  inventory,  such  articles  of  wear- 
ing apparel  and  bedding  as  are  reasonably  necessary  for  the  said 
insolvent  and  his  family  to  retain,  and  also  his  arms  and  accoutre- 
ments 

Dated,  &c.,  [as  m  Order  for  Creditors  to  show  Cause,  <S*c.] 


DEBTOR   AND   CREDITOR.  156 

Assignment. 

KNOW  all  men  by  these  presents.  That  I,  A.  B.  having  become 
insolvent,  did,  in  conjunction  with  so  many  of  my  creditors,  resid- 
ing within  the  United  States,  whose  debts,  in  good  faith,  amount  to 
two  thirds  of  all  the  debts  owing  by  me  to  creditors  residing  with- 
in the  United  States,  present  a  petition  to  the  Hon.  J.  P.  II.,  County 

Judge  of county,  [or,  as  the  case  may  be,]  praying  for  relief, 

pursuant  to  the  provisions  of  the  statute  authorizing  an  insolvent 
debtor  to  be  discharged  from  his  debts ;  whereupon  the  said  Judge 
ordered  notice  to  be  given  to  all  my  creditors  to  show  cause,  if  any 
they  had,  before  him,  at  a  certain  day  and  place,  why  the  prayer 
of  the  petitioner  should  not  be  granted ;  which  notice  was  duly 
published,  and  no  good  cause  appearing  to  the  contrary,  lie  being 
satisfied  that  the  proceedings  were  just  and  fair,  and  that  1  had  in 
all  things  conformed  to  those  matters  required  by  the  said  statute, 
directed  an  assignment  of  all  my  estate  to  be  made  by  me  for  the 
benefit  of  all  my  creditors.  .  Now,  therefore,  know  ye,  that  in  con- 
formity to  the  said  direction,  I  have  granted,  released,  assigned  and 
set  over,  and  by  these  presents  do  grant,  release,  assign  and  set 
over,  unto  J.  K.,  of,  &c.,  and  L.  M.,  of,  &c.,  assignees  nominated  to 
receive  the  same,  all  my  estate,  real  and  personal,  both  in  law  and 
equity,  in  possession,  reversion,  or  remainder,  and  all  books,  vouch- 
ers, and  securities  relating  thereto,  to  hold  the  same  unto  the  said 
assignees,  to  and  for  the  use  of  all  my  creditors. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  in  the  year  one  thousand  eight  hundred  and * 

A.  B.  [L.  s.] 
Sealed  and  delivered ) 
in  presence  of     f 
G.  H. 


Acknowledgment  of  Assignment. 

STATE  OF  NEW- YORK,  — —  COUNTY,  ss. 

ON  the day  of — — ,  in  the  year  one  thousand  eight  hundred 

and f  before  me  came  A.  B.,  to  me  known  [or,  proven  to  me  by 

the  oath  of  G.  H.,  the  subscribing  witness  to  the  above  assignment,] 
to  be  the  individual  described  in  and  who  executed  the  above  [or, 
said]  assignment,  and  the  said  A.  B.  acknowledged  that  he  execufc* 
ed  tho  same.  S.  T.,  Justice  of  the  Peace. 


Oath  of  Assignee. 

I,  L.  M.,  having  been  appointed  assignee  of  A.  B.,  an  insolvent 
debtor,  do  swear,  that  I  will  well  and  truly  execute  the  trust  l>y 


150  DEBTOR  AND    CREDITOR. 

that  appointment  reposed  in  me,  according  to  the  best  of  my  skill 
and  understanding. 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 

Notice  of  Assignment,  to  be  inserted  Three  Weeks. 

PURSUANT  to  the  provisions  of  the  first  title  of  the  fifth  chaptei 
of  the  second  part  of  the  Revised  Statutes,  notice  is  hereby  given, 
that  the  undersigned  have  been  appointed  assignees  of  A.  R,  an 
insolvent  debtor.  All  persons  indebted  to  the  said  debtor  are  re- 
quired to  render  an  account  of  all  the  debts  and  sums  of  money 

owing  by  them  respectively  to  the  said  assignees,  by  the day 

of next,  at  the  office  of  the  said  L.  M.,  in  the  town  of  — — , 

and  to  pay  the  same ;  and  all  persons  having  in  their  psssession 
any  property  or  effects  of  the  said  debtor,  are  required  to  deliver 
the  same  to  us,  by  the  day  above  specified.  All  the  creditors  of 
the  said  debtor  are  also  required  to  deliver  their  respective  ac- 
counts and  demands  to  the  said  L.  M.,  at  his  office  as  aforesaid,  by 
the day  of next. 

Dated  the day  of ,  18—. 

J.  K. 
L.  M. 

Certificate  of  the  Assignees. 

WE  do  certify  that  A.  B.,  an  insolvent  debtor,  has  this  day 
granted,  conveyed,  assigned,  and  delivered  to  us,  for  the  use  ancl 
benefit  of  all  his  creditors,  all  his  estate,  real  and  personal,  both  in 
law  and  equity,  in  possession,  reversion,  or  remainder,  and  all 
books,  vouchers,  and  securities,  relating  to  the  same,  except  such 
articles  of  wearing  apparel  and  bedding  as  are  reasonable  and 
necessary  for  the  said  insolvent  and  his  family  to  retain,  and  also 
his  arms  and  accoutrements. 

In  witness,  &c.,  [05  in  Assignment.] 


Affidavit  of  Execution  of  Certificate. 
STATE  OF  NEW- YORK, COUNTY,  ss. 

R.  F.,  of,  &c.,  being  duly  sworn,  deposes  and  says,  that  ho  did,  on 

the day  of last  past,  (or,  instant,)  see  J.  K.,  of,  &c.,  and 

L.  M.,  of,  £c.,  to  him  personally  known,  sign  and  seal  the  within 
(or,  annexed)  certificate;  and  that  he,  this  deponent,  subscribed 
his  name  thereto  as  one  of  the  subserving  witnesses.  R»  F 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 


DEBfOB   AND    CREDITOR.  157 

Certificate  of  County  Clerk  that  Assignment  has  been  re- 
corded. 

STATE  OF  NEW-YORK, COUNTY,  ss. 

I,  W.  S.,  clerk  of  the  county  of ,  do  hereby  certify  that  the 

assignment  made  by  A.  B.,  an  insolvent  debtor,  of  all  his  estate 
both  in  Law  and  equity,  in  possession,  reversion,  or  remainder, 
(except  as  is  excepted  by  the  statute,)  to  J.  K.,  of,  &c.,  and  L. 
M.,  of,  &c.,  bearing  date  the day  of,  &c.,  has  been  duly  re- 
corded in  my  office. 

In  testimony,  &c.  W    S. 

Discharge. 

To  all  to  whom  these  presents  shall  come  or  may  concern : 

1,  J.  P.  II.,  county  judg^e  of county,  [or,  as  the  rase  may  6e,J 

send  greeting :  Whereas,  A.  B.,  of,  &c.,  an  insolvent  debtor,  residing 
within  said  county,  did,  in  conjunction  with  so  many  of  his  credit- 
ors residing  within  the  United  States  as  have  debts  in  good  faith 
owing  to  them  by  the  said  insolvent,  amounting  to  at  least  two 
thirds  of  all  the  debts  owing  by  him  to  creditors  residing  within 
the  United  States,  present  a  petition  to  me,  praying  that  the  estate 
of  the  said  insolvent  might  be  assigned  for  the  benefit  of  his  cre- 
ditors, and  he  be  discharged  from  his  debts,  pursuant  to  the  pro- 
visions of  the  statute  authorizing  an  insolvent  debtor  to  be  dis- 
charged from  his  debts ;  whereupon  I  ordered  notice  to  be  given 
to  all  the  creditors  of  the  said  insolvent,  to  show  cause,  if  any  they 
had,  before  me,  at  a  certain  time  and  place,  why  an  assignment  of 
the  said  insolvent's  estate  should  not  be  made,  and  he  be  discharged 
from  his  debts ;  proof  of  the  publication  whereof  hath  been  duly 
made.  And,  whereas,  it  satisfactorily  appearing  to  me  that  the 
doinge  on  the  part  of  the  creditors  were  just  and  fair,  and  that  the 
said  insolvent  has  conformed  in  all  things  to  those  matters  re 
quired  of  him  by  the  said  statute,  I  have  directed  an  assignment 
to  be  made  by  the  said  insolvent  of  all  his  estate,  real  and  personal, 
both  in  law  and  equity,  in  possession,  reversion,  or  remainder,  to  J. 
K.,  of,  &c.,  and  L.  M.,  of,  &c.,  assignees  nominated  by  the  creditor? 

to  receive  the  same ;  and  the  said  insolvent  having,  on  the day 

of ,  made  such  assignment,  and  produced  to  me  a  certificate 

thereof,  executed  by  the  said  assignees,  and  duly  proved,  and  also 
a  certificate  of  the  clerk  of  this  county,  that  such  assignment  is 
duly  recorded  in  his  office :  Now,  therefore,  knew  ye  that,  by  vir- 
tue of  the  power  and  authority  in  me  vested,  I  do  hereby  discharge 
the  said  .insolvent  from  all  his  debts,  pursuant  to  the  provisions  of 
the  said  statute. 

In  witness  whereof,  I  have  hereunto  set  my  liand  and  seal,  the 

»         day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

drcd  and  sixty. 

J  P.  II.,  County  Judge,  <5to.     \L.  s.f 


158  DEBTOR   AND    CREDITOR 

Petition  under  Non-Imprisonment  Act,  after  Action  con*- 

menced. 

To  the  H<ni.  C.  P.  D.,  &c.  [or  as  the  case  may  be.] 

The  petition  of  A.  B.,  of  the  town  of ,  in  the  county  of —  -, 

respectfully  showeth  :  That  an  action  has  been  commenced  against 
him  in  a  court  of  record,  in  which,  by  the  provisions  of  the  act  to 
abolish  imprisonment  for  debt,  and  to  punish  fraudulent  debtors, 
he  cannot  be  arrested  or  imprisoned.  Your  petitioner,  therefore, 
prays  that  his  property  may  be  assigned,  and  that  he  may  have  the 
benefit  of  the  provisions  of  the  said  act ;  and,  in  conformity  thereto, 
sets  forth  and  states :  That  the  said  action  is  brought  by  C.  D.,  in 
the  Supreme  Court  of  the  State  of  New-York,  and  was  commenced 

by  summons,  served  upon  the  said  petitioner  on  the day  of 

last  past,  (or,  instant,)  and  that  the  following  is  a  just  and  true 

account  of  all  his  estate,  real  and  personal,  in  law  and  equity,  and 
of  all  the  charges  affecting  the  same,  as  the  same  exist  at  the  time 
of  preparing  this  petition,  according  to  the  best  of  his  knowledge 
and  belief,  to  wit:  Keal  estate,  [describe  the  same,  if  any;  if  other' 
wise,  say,  none  :]  Personal  estate,  one  span  of  horses,  £c.,  &c. :  The 
charges  affecting  the  same  are  as  follows,  to  wit :  a  chattel  mort- 
gage, executed  by  the  said  A.  B.  to  L.  M.,  of,  &c.,  on  the day 

of ,  1856,  for  the  purpose  of  securing  the  payment  of  the  sum 

of  •'  dollars,  due  and  owing  to  the  said  L.  M.  by  the  said  A.  B. : 
his  necessary  wearing  apparel,  bedding  and  furniture,  for  himself 
and  family,  his  arms  and  accoutrements,  and  other  articles,  exempt 
by  law  from  execution,  are  as  follows,  to  wit,  [specify  the  articles:] 
and  his  tools,  or  instruments  of  his  trade,  necessary  to  the  carrying 
on  of  the  same,  not  exceeding  twenty-five  dollars  in  value,  are  as 
follows,  to  wit.,  [specify  the  articles.] 

And  your  petitioner  further  states,  that  the  following  is  a  just 
and  true  account  of  the  deeds,  securities,  books,  and  writings  what- 
soever, relating  to  the  said  estate,  and  the  charges  thereon,  and  the 
names  and  places  of  abode  of  the  witnesses  to  such  deeds,  secu- 
rities, and  writings,  according  to  the  best  of  his  knowledge  and 
belief,  to  wit.,  [state  the  details,]  and  that  there  is  no  other  account 
of  any  real  estate,  or  personal  estate,  in  law  or  equity,  or  any 
other  charges  affecting  the  same,  as  the  same  estate  exists  at  the 
time  of  preparing  this  petition  j  nor  any  other  deeds,  securities, 
books,  or  writings,  whatsoever,  relating  to  the  same ;  nor  any 
other  names,  or  places  of  abode,  of  any  witnesses  to  such  deeds, 
securities,  or  writings,  so  far  set  forth,  as  Ms  knowledge  extends 
concerning  the  same.  A.  B..  Defendant. 

Dated  the day  of ,  18—-. 


DEBTOR  AND  CREDITOR.  150 

Affidavit  of  Petitioner. 

TO  BE  ENDORSED  ON  THE  PETITION. 

I,  the  withia  named  petitioner,  do  swear:  That  the  within  peti- 
tion, and  the  account  of  my  estate,  and  of  the  charges  thereon,  arc 
in  all  respects  just  and  true ;  and  that  I  have  not,  at  any  time,  or 
in  any  manner,  disposed  of  or  made  over  any  part  of  my  property, 
with  a  view  to  the  future  benefit  of  myself  or  my  family,  or  with 
an  intent  to  injure  or  defraud  any  of  my  creditors. 

Sworn  to,  &c.,  [as  in  Affidavit  of  Residence  of  Petitioner.] 


Notice  of  Presenting  Petition. 

SUPREME  COURT. 

C.  D. 

against 

A.B. 

SIR  :  Please  to  take  notice,  that  the  within  is  a  true  copy  of  a 
petition,  with  an  account  of  my  creditors,  and  an  inventory  of  my 
estate  thereunto  annexed,  which  I  intend  to  present  to  the  Hon.  J. 

P.  II.,  (fee.,  at  his  office  in  the  town  of ,  on  the day  of , 

1856,  at o'clock  in  the noon,  or  as  soon  thereafter  as  the 

same  can  be  heard.          Yours,  &c.,  A.  B.,  Defendant. 

To  C.  D.,  [or  L.  T.,  attorney  of]  the  plaintiff  in  the  above  suit. 

Affidavit  of  Service  of  Notice. 

SUPREME  COURT.  1 

C.  D  ) 

ae-ainst         >  COUNTY,  ss. 

A.B.          } 

0.  P.,  of  the  said  county,  being  duly  sworn,  doth  depose  and  say 
that  on  the day  of  last  past,  [or,  instant,]  he,  this  de- 
ponent, served  C.  D.,"of  the  town  of ,  the  plaintiff  in  this  cause 

with  a  notice  of  the  abovenamed  defendant's  intention  of  present 
ing  the  within  petition  to  the  Hon.  J.  P.  II.,  &c.,  [or,  as  the  cast 

may  be,]  on  the day  of next,  [or,  instant,]  at o'clock 

in  the noon  of  the  same  day ;  and  also,  with  a  true  copy  of 

the  account  of  the  said  defendant's  estate,  as  within  set  forth,  by 
delivering  the  said  notice  and  account;  [state  the  manner  of  service^ 
whether  personal  or  otherwise  ;  and  that  the  notice  and  account  so 
delivered  were  signed  by  the  above-named  defendant  in  this  cauao, 

Sworn,  &c.,  [as  in  Affidavit  of  Residence  of  Petition  fir  J 


160  DEBTOR   AND    CREDITOE. 


Order  for  Assignment 

WHEREAS,  A.  B.  did,  on  the  day  of ,  1856,  present  a 

petition  to  me,  praying  that  his  property  might  be  assigned,  and 
that  he  might  have  the  benefit  of  the  provisions  of  the  act  to  abol- 
ish imprisonment  for  debt,  and  to  punish  fraudulent  debtors ;  upon 
the  hearing  of  which,  I,  being  satisfied  that  the  proceedings  on  the 
part  of  the  petitioner  are  just  and  fair,  and  that  he  has  conformed 
in  all  things  to  the  provisions  of  the  said  act,  do  therefore  order 
that  an  assignment  of  all  his  estate  be  made  by  him  to  M.  P.,  of, 
&c.,  the  assignee  appointed  by  me  to  receive  the  same,  excepting 
such  articles  as  are  by  law  exempt  from  execution. 

Dated,  &c.,  [as  in  Order  for  Creditors  to  show  Cause.] 


Assignment. 

KNOW  all  men  by  these  presents :  That  I,  A.  B.,  of,  &c.,  did 
present  a  petition  to  the  Hon.  C.  P.  D.,  one  of  the  Judges,,  £c., 

E  raying  that  my  property  might  be  assigned,  and  that  I  might 
ave  the  benefit  of  the  provisions  of  the  act  to  abolish  imprisonment 
for  debt ;  whereupon,  such  proceedings  were  had,  that  the  said 
Judge,  after  hearing  the  said  petition,  ordered  that  an  assignment 
should  be  made  by  me  of  all  my  property,  except  such  articles  as 
were  by  law  exempt  from  execution :  Now,  therefore,  know  ye, 
that  in  conformity  to  the  said  order,  I  have  released,  and  by  these 
presents  do  grant  and  assign  all  nty  estate,  real  and  personal,  both 
in  law  and  equity,  in  possession,  reversion,  and  remainder,  and  all 
books,  vouchers,  and  securities,  relating  to  the  same,  to  M.  P.,  of, 
&c.,  the  assignee  appointed  to  receive  the  same,  except  such  ar- 
ticles as  are  by  law  exempt  from  execution. 


Certificate  of  Assignment 

I  DO  hereby  certify,  that  A.  B.  has  this  dav^  made  and  delivered 
to  me  an  assignment  of  all  his  property  mentioned  in  the  inventorj 
accompanying  his  petition,  pursuant  to  an  order  made  by  the  Hon. 
C.  P.  D.,  one  of  the  judges,  .&c.,  and  that  all  the  property  specified 
in  said  inventory  has  been  delivered  to  me. 

In  witness.  &c.,  [cs  in  Certificate  of  the  Assignees.} 


Discharge. 

To  all  to  whom  these  presents  shall  come  ; 

I,  C.  P.  D.,  one  of  the  Judges,  &c.,  send  greeting  :  Whereas  A.  & 
ajrainst  whom  an  action  has  been  commenced  in  <i  court  of  record 


DEBTOR    AND    CREDITOR.  161 

In  which  action,  by  the  provisions  of  the  act  to  abolish  imprison- 
ment for  debt,  and  to  punish  fraudulent  debtors,  he  cannot  be  ar- 
rested or  imprisoned,  did  present  a  petition  to  me,  praying  that  his 
property  might  be  assigned,  and  that  he  might  have  the  benefit  of 
the  said  act;  which  petition  contained  an  account  of  his  creditors, 
and  an  inventory  of  his  estate,  verified  by  an  affidavit  thereunto  an- 
nexed,  subscribed  by  him,  and  duly  sworn  to  before  me.  lie  also 
produced  satisfactory  proof  that  a  copy  of  the  said  petition,  account 
and  inventory,  had  been  served  on  the  creditors  in  the  said  petition 
named,  with  notice  of  the  time  and  place  of  presenting  the  samo 
to  me,  as  required  by  law ;  and  I  being  satisfied,  on  hearing  the 
petition,  that  the  proceedings  on  the  part  of  the  petitioner  were 
just  and  fair,  and  that  he  had  conformed  to  the  provisions  of  the 
said  act,  ordered  that  the  said  petitioner  make  an  assignment  of 
all  his  property,  except  such  articles  as  are  by  law  exempt  from 
execution,  to  M.  P.,  of,  &c.,  the  assignee  appointed  by  me;  and  the 
said  petitioner  having  made  such  assignment,  and  produced  evi- 
dence that  the  assignment  so  made  was  recorded  in  the  office  of  the 
clerk  of  this  county,  and  also  produced  a  certificate  of  the  assignee 
that  the  property  of  the  petitioner,  specified  in  his  inventory,  had 
been  delivered  to  the  said  assignee.  Now,  therefore,  know  ye, 
that  by  virtue  of  the  power  and  authority  in  me  vested,  and  in 
pursuance  of  the  provisions  of  the  said  act,  I  do  grant  this  dis 
charge  to  exonerate  the  said  petitioner  from  being  proceeded 
against  by  any  creditor  entitled  to  a  dividend  of  his  estate. 

Given  under  my  hand  and  seal,  the day  of one  thou- 
sand eight  hundred  and . 

C.  P.  D.,  Judge  of,  &o 


Affidavit 

OF  PERSONS  APPLYING  FOR  THE  APPOINTMENT  OF  TRUSTEES  FOR 
ESTATE  OF  DEBTOR  CONFINED  FOR  CRIME  (TO  ACCOMPANY  THK 
COPY  OF  THE  SENTENCE  AND  CERTIFICATE  OF  THE  CLERK). 

STATE  OF  NEW-YORK, COUNTY,  ss. 

A.  B.,  of  said  county,  being  duly  sworn,  says,  That  C.  D.,  the  per- 
Bon  named  in  the  annexed  [or,  within]  copy  of  sentence  of  convic 

tion,  is  now  actually  imprisoned  in  the  State  prison  at ,  [or,  in 

the  penitentiary  of,  &c. ;  or,  in  the  county  jail  of  the  county  of 

• ,]  in  the  State  of  New-York,  under,  and  in  pursuance  of  the 

said  sentence  of  conviction ;  and  that  the  said  C.  D.  is  indebted  to 

this  deponent,  [or,  to  L.  M.,  of,  &c.]  in  the  sum  of dollars,  on 

account,  [or,  as  the  case  may  be,]  for  goods,  wares  and  merchandise, 
sold  and  delivered  to  the  said  C.  D.,'  by  this  deponent,  [or,  by  tho 
said  L.  51.;]  and  this  deponent  therefore  makes  application  for  the 


162  KOTE8    AJTD    BILLS   OF   EXCHANGE. 

appointment  of  trustees  of  the  estate  of  the  said  0.  D.,  accordirg  tc 
the  statute.  A.  JB 

Sworn,  &c.  [as  in  Affidavit  of  Residence  of  Petitioner.} 


Appointment  of  Trustees,  on  the  Foregoing  Application. 

BY  the  Hon.  D.  P.,  one  of  the  Justices  of  the  Supreme  Court  of 
the  State  of  New-York  ;  [or,  as  the  case  may  be].  Whereas  A.  B.f 
a  creditor  [or,  a  relative]  of  C.  D.,  [or,  a  relative  of  M.  D.,  wife  of 

C.  D..]  a  debtor  confined  for  crime,  did,  on  the day  of 

last  past,  [or,  instant,]  make  application  to  me  for  the  appointment 
iof  Trustees  to  take  charge  of  the  estate  of  the  said  C.  D. ;  and  did 
^ilso  produce  a  copy  of  the  sentence  of  conviction  of  the  said  C.  D., 
duly  certified  by  P.V.,  Esq.,  clerk  of  the  court  of  [specify  the  court 
before  which  the  conviction  was  had,]  under  his  seal  of  office,  by 

which  said  court  of the  said  sentence  of.  conviction  was  passed  ; 

together  with  an  affidavit  of  the  said  A.  B.,  that  the  said  C.  D.  is 
actually  imprisoned  under  the  said  sentence,  and  is  indebted  to  the 

said  A.  B.,  [or,  to  L.  M.,]  of,  &c.,  in  the  sum  of dollars.     Now, 

therefore,  I,  the  said  Justice  as  aforesaid,  do,  in  pursuance  of  the 
authority  to  me  given  by  the  statute  concerning  "  Attachments 
against  debtors  confined  for  crimes,"  appoint  M.  N.  and  0.  P.,  two 
fit  persons  to  be  Trustees  of  the  estate  of  the  said  C.  D.,  with  such 
powers  concerning  the  estate  of  the  said  C.  B.  as  are  conferred  by 
the  said  statute. 

Given  under  my  hand  and  seal,  this day  of,  &c. 

D.  P.  [L.  s.] 


Oath  of  Trustees  of  the  Estates  of  Debtors. 
WE,  M.  N.  and  0.  P.,  appointed  Trustees  of  the  estate  of  C.  D., 
a  debtor  confined  for  crime,  [or,  as  the  case  may  be,]  do  swear,  and 
each  for  himself  doth  swear,  that  he  will  well  and  truly  execute 
the  trust  by  his  appointment  reposed  in  him,  according  to  the  best 
of  his  skill  and  understanding.  M.  N. 

0.  P. 
Sworn  &c,  [as  in  Affidavit  of  Residence  of  Petitionei .] 


NOTES  AND  BILLS  OF  EXCHANGKE. 


THE  party  who  makes  or  signs  a  note  is  called  the  drawer;  the 
party  who  endorses  it,  the  endorser;  the  party  to  whom  it  is  made 


NOTES   AND   BILLS    OF   EXCHANGE.  108 

payable,  the  payee  ;  the  party  holding  it  at  tho  time  of  its  ma- 
turity, the  holder. 

The  words  "  value  received/'  though  usually  inserted,  are  not 
legally  indispensable,  as  value  is  implied  in  every  note,  bill,  ac- 
ceptance, and  endorsement. 

In  the  States  of  Pennsylvania  and  New-Jersey,  the  words, 
'  without  defalcation  or.  discount,"  must  be  inserted  after  the  words, 
"*  for  value  received."  In  Missouri,  the  words,  "  negotiable  and 
payable,  without  defalcation  or  discount,"  must  bo  added  to  the 
words,  "  for  value  received." 

Notes  bear  interest  only  when  ib  is  so  stated ;  but,  after  ma- 
turity, all  notes  bear  legal  interest.  When  a  note  is  payable  on 
demand,  interest  can  alone  be  charged  after  the  demand  has  been 
made.  When,  it  is  improbable  that  a  note  payable  on  demand 
will  be  paid  whe»  due,  it  should  be  made  payable  one  day  after 
date,  with  interest. 

The  holder  of  a  note  made  payable  to  order,  may  sue  in  his  own 
name. 

A  note  made  payable  to  John  Smith,  or  bearer,  need  not  be  en- 
dorsed. Its  delivery  is  a  sufficient  guarantee  of  title.  If  the 
holder's  title  to  it  is  questioned  by  the  drawer,  he  has  only  to  show 
in  court  that  he  obtained  it  for  a  fair  consideration.  If  nego- 
tiated, or  made  use  of,  after  maturity,  it  is  subject  to  any  set-off 
the  drawer  may  have  against  the  payee. 

A  promissory  note  given  by  a  minor,  even  for  necessaries,  is 
void. 

If  a  note  is  made  payable  to  a  firm,  the  signatures  of  the  firm  is 
a  sufficient  endorsement.  But  if  it  be  made  payable  to  two  or 
more  persons  not  co-partners,  it  is  not  negotiable  without  the  en- 
dorsement of  each. 

No  note  is  payable  till  the  third  day  after  the  day  expressed  for 
its  payment.  These  three  days  are  called  "  days  of  grace,"  find 
if  payment  is  not  made,  no  suit  can  be  begun  till  they  have  ex- 
pired. Notes  payable  •'  on  demand"  are  not  entitled  to  grace. 
An  endorsed  note,  payable  on  demand,  must  be  presented  within  a 
reasonable  time — say  within  three  months. 

A  person  becoming  surety  on  a  note,  is  liable  as  an  endorse?. 


164  NOTES   AND    BILLS    OF    EXCHANGE. 

An  endorser  may  waive  demand  and  notice  of  a  note  before  its, 
maturity,  without  any  consideration  for  such  notice. 

When  a  note  falls  due  on  Sunday,  or  on  any  leading  holiday 
when  general  business  is  suspended — Fourth  of  July,  Thanksgiv- 
ing, Christmas,  or  New  Year's,  for  instance — demand  for  its  pay- 
ment must  be  made  on  Saturday,  or  the  day  preceding  the  holiday. 
The  demand  must  be  made  at  the  place  of  business  of  the  maker, 
within  business  hours,  or  at  the  specified  place  of  payment 
should  he  have  no  place  of  business  then  at  his  dwelling-house. 
When  the  maker  has  absconded,  no  notice  is  necessary. 

The  endorser  of  an  accommodation  note  is  a  surety  for  the 
maker,  and  is  liable  for  the  costs  of  collection  brought  against 
such  maker  or  endorser. 

If  the  payee  of  a  note  wishes  to  pay  it  away  to  another  without 
being  responsible  for  its  payment,  he  may  endorse  it  with  the  fol- 
lowing words :  "  Pay  to  John  Smith,  without  recourse  upon  me;" 
or,  "  Pay  to  John  Smith,  at  his  risk :"  or,  l(  Pay  to  John  Smith, 
without  recourse.'7 

If  a  party  takes  a  note  after  it  is  due,  he  takes  it  at  his  own 
risk,  as  it  is  then  subject  to  every  defence  against  its  payment  that 
the  drawer  or  endorsers  had  against  it  before  it  was  negotiated. 

Any  promise  to  pay,  without  specifying  the  time  of  payment,  18 
equal  in  law  to  a  promise  to  pay  on  demand. 

A  note  promising  to  pay,  "  so  soon  as  circumstances  will  per 
xnit,"  is  not  a  promissory  note. 

A  paper  is  of  no  value  where  the  acceptor  draws  it  up  and 
then  writes  across  it  his  acceptance,  leaving  a  blank  for  the  drawer 
to  sign  his  name.  Such  a  paper  is  neither  a  bill,  note,  order,  or 
security  for  the  payment  of  money. 

In  many  States,  the  making  of  a  promissory  note  on  Sunday  ren- 
ders it  worthless. 

I'he  altering  of  a  note,  in  any  manner,  by  the  holder,  makes  it  void. 

A  note  written  thus :  "  I,  Henry  Mansfield,  promise  to  pay  John 
Jenkins,  or  order,  one  hundred  dollars,  value  received,''  is  good 
without  further  signing.  Such  notes,  however,  being  different  from 
the  customary  forms,  would  be  deemed  imperfect,  by  men  general- 
ly, and  would  be  found  difficult  to  negotiate. 

A  note  like  the  following  is  not  a  promissory  note : 


NOTES    AND   BILLS    OF    EXCHANGE,  165 

•'  kVo  years  from  date,  for  value  received,  I  promise  to  pay  A, 
B.x  or  nearer,  one  hundred  dollars  with  use.  Said  A.  B.  agrees 
that  if  I  pay  him  fifty  dollars  on  or  before  the  first  day  of  January 
I860,  it  shall  cancel  this  note." 

Demand  of  payment  for  a  note  must  be  made  of  the  maker  tho 
day  when  it  is  due  •  if  not  paid,  notice  must  immediately  be  given 
to  the  endorsers :  otherwise  they  will  bo  released  of  their  liability. 
If  the  note  be  made  payable  at  a  bank  or  other  place,  demand 
must  be  made  at  the  place  where  it  is  made  payable.  If  payment 
is  refused,  notice  to  that  effect  must  be  served  without  delay  upon 
the  maker  and  each  of  the  endorsers.  This  notice  may  be  given 
by  any  person  competent  to  serve  it,  but  Notaries  Public  are  usual- 
ly employed  for  that  purpose.  When  payment  of  a  note  is  refused, 
it  is  called  dishonored.  No  particular  form  of  words  is  necessary 
in  a  notice  :  all  that  re  requisite  is  to  apprise  the  party  or  parties 
of  the  fact  that  the  note  has  been  dishonored.  The  usual  form  of 
a  notice  of  protest  will  be  found  below. 

Notice  by  mail  to  an  endorser,  residing  at  a  distance  from  tho 
bank  or  place  where  the  note  is  payable,  is  sufficient  to  hold  him 
for  its  payment,  in  case  the  notice  be  sent  on  the  last  day  of 
grace — that  is,  the  day  on  which  the  note  was  dishonored. 

The  same  laws  that  apply  to  notes,  apply  also  to  bills  of  ez- 
change. 


Note  with  Surety. 
$100.  NEW-YORK,  April  12, 1860. 

Six  months  after  date,  1  promise  to  pay  John  Jones,  or  order 
one  hundred  dollars,  value  received.  WM.  JENKINS. 

J.  G.  WELLS,  Surety. 


An  Unnegotiable  Note. 
3U '00.  NEW-YORK,  April  10,  1860. 

THREE  months  after  date,  I  promise  to  pay  John  Jones  one  thou- 
sand dollars,  for  value  received.  ADAM  CLARKE. 

A  Negotiable  Note. 
$1000.  NEW-YOAK,  April  19, 1860. 

THREE  months  after  date,  I  promise  to  pay  John  Jones,  or  order 
one  thousand  dollars,  for  value  received.        ADAM  CLARKE 


166 


NOTES   AND    BILLS    OP   EXCHANGE. 


A  Note,  or  Due  Bill,  payable  on  Demand. 

$100.  CINCINNATI,  (O..)  April  14, 1860. 

ON  demand,  I  promise  to  pay  Charles  Howard,  or  order,  one 
hundred  dollars,  for  value  received. 

THOMAS  MANSFIELD,  116  Main-street 


A  Note  bearing  Interest. 
$100.  MILWAUKEE,  (Wis.;)  May  1,  1860. 

Six  months  after  date,  I  promise  to  pay  Edward  Robinson,  or 
order,  one  hundred  dollars,  with  interest,  for  value  recewed. 

SAMUEL  LELAND. 


A  Note  payable  by  Instalments- 

13000.  PHILADELPHIA,  (Pa.,)  April  8,  1860. 

FOR  value  received,  1  promise  to  pay  Joiies  &  Williams,  or  order, 
three  thousand  dollars,  in  the  manner  following,  viz. :  one  thousand 
dollars  in  one  year,  one  thousand  dollars  in  two  years,  and  one 
thousand  dollars  in  three  years,  with  interest  on  all  said  sums,  paya 
ble  semi-annual ly,  without  defalcation  or  discount. 

DAVID  MILLER,  108  Arch-street 


Sealed  Note. 

$5000.  PHILADELPHIA,  (Pa.,)  April  8,  1860. 

FOR  value  received,  I  promise  to  pay  Jones  &  Williams,  or  or« 
der,  five  thousand  dollars,  in  three  years  from  the  date  hereof,  with 
interest,  payable  semi-annually,  without  defalcation,  or  discount. 
And  in  case  of  default  of  my  payment  of  the  interest  or  principal 
aforesaid  with  punctuality,  1  hereby  empower  any  attorney  at  law, 
to  be  appointed  by  said  Jones  &  Williams,  or  their  assigns,  to  ap- 
pear in  any  court  which  said  Jones  &  Williams,  or  their  assigns, 
may  select,  and  commence  or  prosecute  a  suit  against  me  on  said 
note,  to  confess  judgment  for  all  and  every  part  of  the  interest  or 
principal  on  said  note,  in  the  payment  of  which  1  may  be  delir* 
quent. 

Witness  my  hand  and  seal,  this  8th  day  of  April,  A.  D.,  1860. 

EDGAR  MORSE.     [SEAL] 

Attest,  JOHN  SMITH. 


NOTES    AND   BILLS    OF  EXCHANGE.  lQ*f 

Due  Bill,  payable  in  Goods. 

DUK  John  Jones,  or  bearer,  fifty  dollars  in  merchandise,  for  value 
received,  payable  an  demand.  WM.  JENKINS. 

NEW-YORK,  May  3,  1860. 


Order  for  Goods. 

Ma.  J.  SWEET:  NEW-YORK,  April  12,  1860. 

PLEASE  pay  John  Jones,  or  order,  one  hundred  dollars  in  mer- 
chandise, and  charge  the  same  to  account  of     WM.  JENKINS. 


Bill  of  Exchange. 

$1000.  BOSTON,  (Mass.)  April  5,  1860. 

THIRTY  days  after  sight,  pay  to  the  order  of  Messrs.  John  Sraifcb 
&  Co.  one  thousand  dollars,  and  charge  the  same  to  account  of 

JAMES  FOX. 

To  Messrs.  WILSON  &  ROBERTS,  New- York. 


A  Set  of  Bills  of  Exchange. 

No.  188.— Ex.  £300.  NEW- YORK,  April  3;  1860. 

THREE  days  after  sight  of  this,  my  first  of  exchange,  (second  and 
third  unpaid,)  pay  to  Charles  Wignell,  or  order,  three  hundred 
pounds  sterling,  value  received,  and  charge  the  same  to  account  of 

JOHN  SMITH. 

No.  188.^-Ex.  £300.  NEW-YORK,  April  3, 1830. 

THREE  days  after  sight  of  this,  my  second  of  exchange,  (first  and 
third  unpaid,)  pay  to  Charles  Wignell,  or  order,  three  hundred 
pounds  sterling,  value  received,  and  charge  the  same  to  account  of 

JOHN  SMITH. 

No.  188.— Ex.  £300.  NEW-YORK,  April  3, 1860. 

THREE  days  after  sight  of  this,  my  third  of  exchange,  (first  and 
second  unpaid,)  pay  to  Charles  Wignell,  or  order,  three  hundred 
rounds  sterling,  value  received^  and  charge  the  same  to  account  of 

JOHN  SMITH. 


Money  Order. 

MR.  JACOB  SWEET  :  NEW-YORK,  April  12,  1860. 

PLEASE  pay  John   Jonos,  or  order,  one  hundred  dollars,  and 
charge  the  same  to  account  of  WM.  JENKINS 


168  RECEIPTS   AND   RELEASES. 

Protest  of  a  Bill  of  Exchange. 
UNITED  STATES  OF  AMERICA,  STATE  OF  NEW-YORK,  ss. 

ON  the day  of ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred   and ,  at  the  request  of  Mr.  A.  B.,  of——,  I, 

,T.  T.,  a  Notary  Public,  duly  admitted  and  sworn,  dwelling  in  the 
city  of  New  York,  did  present  the  original  bill  of  exchange,  a 
copy  of  which  is  hereunto  annexed,  at  the  shop  of  W.  D.,  the  .ac- 
ceptor thereof,  in  the  city  of  New  York,  to  a  man  there  attending, 
and  demanded  payment  of  the  same,  which  was  refused,  the  said 
man  replying,  that  Mr.  D.  was  not  in,  and  he  could  not  pay  it : 
Whereupon,  I,  the  said  Notary,  at  the  request  aforesaid,  did  pro- 
test, and  by  these  presents  do  publicly  and  solemnly  protest,  a? 
well  against  the  acceptor  of  the  said  bill  of  exchange,  as  against 
all  others  whom  it  doth  or  may  concern,  for  exchange,  re-exchange, 
and  all  costs,  damages,  and  interest,  already  incurred,  and  to  DC 
hereafter  inoarred,  for  want  of  non-payment  of  the  said  bill  of 
exchange. 

Thus  done  and  protested  in  the  city  of  New  York  aforesaid,  in 
the  presence  of  John  Doe  and  Richard  Roe,  witnesses. 
In  testimonium  veritatis. 

|  L.  s.]  J.  T.,  Notary  Publi  i. 

Notice  of  Son-payment 

TO    BE    GIVEN    TO    THE  DRAWER    AND  ENDORSERS. 

NEW-YORK,  Feb.  15,  186C. 

PLEASE  to  trtkc  notice,  that  a  certain  bill  of  exchange,  dated  -. 

for  $1000,  drawn  by ,  on  and  accepted  by ,  of ,  find 

foy  you  endorsed,  was  this  day  protested  for  non-payment,  and  the 
holders  look  to  you  for  the  payment  thereof.  Yours,  &c., 

To  Mr.  A.  B.  J.  T.,  Notary  Public, 


RECEIPTS  AND  RELEASES. 

A  RECEIPT  in  full,  though  admitted  to  bo  strong  evidence,  is  by 
no  means  legally  conclusive.  If  the  party  signing  it  can  show  an 
error  or  mistake,  it  will  be  admitted  in  his  favor. 

Receipts  fo.  money  will  be  held  open  to  examination,  and  the 
party  holding  the  receipt  must  abide  by  the  results  of  such  exam- 
ination; the  grettt  aim  of  law  being  to  administer  strict  justice. 

A  release  must  be  given  over  a  seal.  A  release  from  all  de- 
mands extinguishes  all  possible  causes  and  rights  of  action,  and 
leaves  no  room  for  subsequent  quibbling. 


RECEIPTS   AND   RELEASES.  169 

A  release  of  one  of  many  equally  wrong-doors,  generally  re« 
leases  all.  This,  of  course,  does  not  apply  to  Such  of  the  parties 
as  covenant  to  remain  liabirJ.  A  release  of  one  of  several  joint 
obligors,  releases  all. 

An  agreement  not  to  sue  two  joint  debtors  is  a  release  to  both, 
but  an  agreement  not  to  sue  one,  will  not  serve  as  a  release  to 
either 

Inasmuch  as  a  receipt  in  full,  in  the  ordinary  form,  still  leaves 
room  to  a  tricky  or  unprincipled  creditor  to  harrass  and  annoy  a 
debtor,  it  would  be  well,  in  all  such  cases,  for  the  latter  to  obtain 
a  sealed  release,  like  that  under  the  head  of  Release  of  all  De- 
mands Of  that  under  the  caption  of  Special  Release. 


Eeceipt  in  Full  of  all  Demands. 

$500  NEW-YORK,  March  15,  1800. 

.RECEIVED  of  John  Smith  five  hundred  dollars,  in  full  of  all  de- 
mands against  him.  WM.  JONES. 


Keceipt  on  Account. 


$100  NEW-YORK,  March  15,  I860. 

RECEIVED  of  John  Smith  one  hundred   dollars,  to  apply 
account.  WM.  JONES. 


Eeceipt  for  Money  paid  for  another. 

8100  NEW-YORK,  March  15,  1860. 

RECEIVED  of  J.  G.  Wells  one  hundred  dollars,  in  full  of  all 
lemands  against  John  Smith.  WM.  JONES. 

Release  of  all  Demands. 

KNOW  all  men  by  these  presents,  that  I,  Wm.  Jones,  of  New 
i'ork,  for  and  in  consideration  of  the  sum  of  two  hundred  dollars, 
to  me  in  hand  paid  by  John  Smith,  of  said  city,  ha~ve  remised, 
released,  and  forever  discharged  the  said  John  Smith  from  all 
olaiais  of  every  kind,  nature,  and  character  soever  against  him, 
from  the  beginning  of  the  world  to  this  day.  As  witness  my  hand 
and  seal,  this  15th  day  of  March,  one  thousand  eight  hunured  and! 
sisty.  WM.  JONES 


170  EBCETPTS   AND    RELEASES. 

Special  Release. 

KNOW  all  men  by  these  presents,  that  I,  Wm.  Jones,  of  JNew- 
York,  for  and  in  consideration  of  the  sum  of  one  hundred  dollars 
to  me  in  hand  paid,  by  John  Smith,  of  said  city,  have  remised,  re- 
leased, and  forever  discharged,  and  by  these  presents  do,  for  my. 
self,  my  heirs,  executors,  administrators,  and  assigns,  remise, 
release,  and  forever  discharge,  the  said  John  Smith,  his  heirs,  ex 
ecutors,  and  administrators1,  of  and  from  all  manner  of  action  and 
actions,  cause  and  causes  of  actions,  suits,  debts,  dues,  sums  of 
money,  claims  and  demands  whatsoever,  in  law  or  in  equity,  which 
I  ever  had,  or  now  have,  or  which  I  or  my  heirs,  executors,  ad- 
ininistrators,  o  rassigns.  hereafter  can,  shall,  or  may  have,  by  reason 
of  any  matter,  cause,  or  thing,  whatever,  from  the  beginning 
of  the  world  to  this  day,  arising  out  of  any  dealings  or  transac- 
tions between  myself  and  the  said  John  Smith,  at  my  store  in  the 
city  of  New-York.  As  witness,  &c.,  [as  in  Release  of  all  De- 
mands.] 


Release  made  in  Pursuance  of  an  A  ward. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  £c.,  in  tho 
sounty  of,  &c.,  have  remised,  released,  and  forever  quit-clai  ned, 
and  by  these  presents  do  remise,  release,  and  forever  quit-claim 
unto  C.  D.,  of,  &c.,  in  the  said  county,  his  heirs,  executors,  and  ad- 
ministrators, all  actions,  cause  and  causes  of  action,  judgments, 
suits,  controversies;  trespasses,  debts,  duties,  damages,  accounts, 
reckonings,  and  demands  whatsoever,  for  or  by  reason  of  any 
matter,  cause,  or  thing  whatsoever,  from  the  beginning  of  tho 

world  to  the : —  day  of last,  save  and  except  my  right 

to  redeem  a  certain  farm  now  in  mortgage  to  the  said  C.  D.,  at  the 
time,  under  the  terms,  and  in  the  manner  prescribed  in  and  by  a 

certain  award,  made  the day  of ,  in  the  year , 

by  E.  F.,  of,  &c.,  on  a  reference  to  him  of  all  disputes  between  me 
and  the  said  C.  D. 

As  witness,  £c.,  [as  in  Release  of  all  Demands.] 


Mutual  Genera]  Release  by  Indenture, 

THIS  Indenture,  made  this day  of ,  between  A,  B., 

of,  &c.,  of  the  one  part,  and  C.  D.,  of,  &c.,  of  the  other,  witness  th : 
That  on  the  day  hereof,  the  said  A.  B.  and  C.  D.  have  each  paid 
to  the  other  the  sum  of  five  dollars ;  and  each  of  them  has  can- 
celled and  delivered  up  to  the  other  certain  covenants,  bonds 
notes  of  hand,  and  written  contracts,  upon  which  each  of  the  par 
tics  claimed,  and  pretended  to  have  divers  claims  and  demands  on 


RECEIPTS    AND   RELEASES.  1^1 

the  other;  the  said  claims  and  contracts,  so  cancelled  and  deliv 
cred  up,  being  supposed  and  intended  to  be  all  the  claims  and 
evidence  of  claim  by  each  of  the  parties  hereto  on  the  other.  And 
in  consileration  thereof,  each  of  them,  th©  said  A.  B.  and  C.  D., 
does  hereby,  for  himself  and  his  legal  representatives,  release,  and 
absolutely  and  forever  discharge  the  other,  of  and  from  all  claims 
and  demands,  actions,  and  causes  of  action,  of  every  name  and  nature, 
so  that  neither  of  them  shall  have  any  claim  on  the  other,  directly 
or  indirectly,  on  any  contract,  or  supposed  liability,  or  thing  un- 
dertaken, done,  or  omitted  to  be  done,  from  the  beginning  of  the 
world  to  this  day. 

As  witness,  &c.,  [as  in  Release  of  all  Demands.] 


Eelease  to  a  Guardian. 

KNOW  all  men,  &c.,  that  A.  B.,  &c.,  son  and  heir  of  B.  B.?  de- 
ceased, hath  remised,  released,  and  forever  quit-claimed,  and  by 

these  presents  doth  remise,  &c.,  unto  C.  D.,  of ,  his  guardian, 

all,  and  all  manner  of  action,  actions,  suits,  reckonings,  accounts, 
debts,  dues,  and  demands  whatsoever,  which  he,  the  said  A.  B., 
over  had,  now  hath,  or  which  he,  his  executors  or  administrators, 
at  any  time  hereafter  can  or  may  have,  claim,  or  demand,  against 
the  said  C.  D.,  his  executors  or  administrators,  for,  touching,  and 
concerning  the  management  and  disposition  of  any  of  the  lands, 
tenements,  and  hereditaments  of  the  said  A.  B.,  situate,  &c.,  or  any 
part  thereof,  or  for  or  by  reason  of  any  moneys,  rents,  or  profits 
by  him  received  out  of  the  same,  or  any  payments  made  thereout, 
during  the  minority  of  the  said  A.  B.,  or  by  reason  of  any  matter, 
cause,  or  thing  whatsoever,  relating  thereto,  from  the  beginning  of 
the  world  to  the  day  of  the  date  hereof. 

As  witness,  &c.,  [as  in  Release  of  all  Demands.] 


Release  of  a  Proviso  or  Condition. 

KNOW  all  men,  &c.,  that  I,  A.  B.,  of  ,  for  divers  good  con- 

isiderations  me  hereunto  moving,  have  remised,  released,  and  quit- 
claimed, and  by  these  presents,  £or  me,  my  executors,  administra- 
tors, and  assigns,  do,  &c.,  unto  L.  M.,  of ,  his  heirs,  executors, 

administrators,  and  assigns,  as  well  one  proviso  or  condition,  and 
all  and  every  the  sum  and  sums  of  money  specified  in  the^  same 
proviso  or  condition,  contained  or  comprised  in  one  pair  of  inden- 
tures, of,  &c.,  bearing  date,  &c.,  made  between  me,  the  said  A.  B 
of  the  one  part,  and  the  said  L.  M.,  of  the  other  part,  and  also  all 
and  all  manner  of  actions  and  suits,  cause  and  causes  of  action 
and  suits,  for  or  concerning  the  said  proviso  cr  condition. 

As  witness,  &c.  [as  in  Release  of  all  Demands.] 


172  RECEIPTS   AND    KELEASES. 

Release  of  a  Trust. 
To  all,  &c.,  A.  B.,  &c.,  sendeth  greeting: 

WHEREAS,  by  indenture  bearing  date ,  made  between,  &c, 

I  here  recite  the  deed,]  in  which  said  indenture  the  said  A.  B.  doth 
icrcby  declare  that  his  name  was  only  used  in  trust,  for  the  benefit 

and  behoof  of  C.  D.,  of :  Now  know  ye,  that  I,  the  said  A.  B., 

in  discharge  of  the  trust  reposed  in  me,  at  the  request  of  the  said 
C.  D,,  have  remised,  released,  and  surrendered,  assigned,  and  set 
over,  and  by  these  presents,  for  me,  my  executors  and  administra- 
tors, do  freely  and  absolutely  remise,  &c.,  unto  the  said  C.  D.,  his 
executors,  &c.,  all  the  estate,  right,  title,  interest,  use,  benefit,  priv- 
ilege, and  demand  whatsoever,  which  I,  the  said  A.  B.,  have,  or 
may  have,  or  claim,  of  or  to  the  said  premises,  or  of  and  in  any 
Bum  of  money,  or  other  matter  or  thing  whatsoever,  in  the  said 
indenture  contained,  mentioned,  and  expressed;  so  that  neither  I, 
the  said  A.  B.,  my  executors  or  administrators,  or  any  of  us,  at  any 
time  hereafter,  shall  or  will  ask,  claim,  challenge,  or  demand,  any 
interest,  &c.,  or  other  thing,  in  any  manner  whatsoever,  by  reason 
or  means  of  the  said  indenture,  or  any  covenant  therein  contained, 
but  thereof  and  therefrom,  and  from  all  actions,  suits,  and  demands, 
which  I,  my  executors,  administrators,  or  assigns,  may  have  con- 
cerning the  same,  shall  be  utterly  excluded  and  forever  debarred 
by  these  presents. 
As  witness  &c.  [as  in  Release  of  all  Demands.] 


Release  of  Dower  to  tlie  Heir. 

KNOW  all  men,  &c.,  that  I,  A.  B.,  &c.,  relict  of  B.  B.,  late,  &o., 
as  well  for  and  in  consideration  of,  &c.,  to  me  paid,  at  or  before, 
&c.,  by  my  son,  J.  B.,  &c.,  (the  receipt  whereof  I  do  hereby  ac- 
knowledge,) and  for  the  love  and  affection  which  I  have  to  my  said 
eon,  have  granted,  remised,  released,  and  forever  quit-claimeu,  and 
by  these  presents  do,  &c.,  unto  the  said  J.  B.,  his  heirs  and  assigns 
forever,  all  the  dower  and  thirds,  right  and  title  of  dower  and 
thirds,  and  all  other  right,  title,  interest,  property,  claim,  and  de- 
mand whatsoever,  in  law  and  in  equity,  of  me,  the  said  A.  B.,  of, 
in,  and  to ;  [a  description  of  certain  parcel  of  land,  fyc.,  and  how  it 
descended  to  A.  B.  and  B.;]  so  thafc  neither  I,  the  said  A.  B., 
my  heirs,  executors,  or  administrators,  nor  any  other  person  or 
persons,  for  me,  them,  or  any  of  them,  shall  have,  claim,  challenge, 
or  demand,  or  pretend  to  have,  &c.,  any  dower  or  thirds,  or  any 
other  right,  title,  claim,  or  demand,  of,  in,  or  to  the  said  promises, 
but  thereof  and  therefrom  shall  be  utterly  debarred  ani  excluded 
forever  by  these  presents. 

As  witness,  &c.,  [as  in  Release  of  c.l  Demand?.] 


ARBITRATIONS   AND   AWARDS. 

Eelease  from  a  Legatee  upon  Ms  coming  to  Age. 

KNOW  all  men  by  these  presents,  that  whereas  A.  B.,  of 

made  his  last  will  and  testament  in  writing,  bearing  date ,  and, 

among  other  legacies  therein  contained,  did  give  and  bequeath 

unto  me,  C.  D.,  of ,  his  son,  the  annual  sum  of ,  to  be  paid 

to  me  quarterly,  until  I  should  attain  the  age  of  one-and-twenty 
years;  and  of  his  will  constituted  E.  F.  and  G.  II.  joint  executors, 
as  in  and  by  the  said  will  may  appear :  and  whereas  the  said  E.  F 
and  G.  H.  did  jointly  accept  of  the  said  executorship  and  trust,  and 
[,  the  said  C.  D.,  have  attained  my  said  age  of  twenty-one  years: 
and  whereas  the  said  E.  F.  and  G.  II.  have  made  up  an  account 
with  me,  the  said  C.  D.,  of  all  moneys  received  and  paid  by  the 
said  E.  F.  and  G.  II.,  and  all  transactions  in  pursuance  of  the  said 
executorship  and  trust,  and  have  not  only  paid  me,  the  said  C.  D., 
the  balance  of  such  accounts,  but  also  delivered  unto  me  all  the 
writings  and  papers  belonging  to  the  estate  of  the  said  deceased 
A.  B. :  Now  know  ye,  that  I,  the  said  C.  D.,  being  fully  satisfied  in 
the  premises,  have  remised,  released,  and  forever  quit-claimed,  and 
by  these  presents  do  remise,  release,  and  forever  quit-claim  unto 
the  said  E.  F.  and  G.  II.,  and  each  of  them,  their  and  each  of  their 
executors  and  administrators,  all  reckonings  and  accounts,  sum  and 
sums  of  money,  by  them  had  and  received  in  pursuance  of  the  said 
trust,  or  by  means  of  their  being  executors  to  the  said  A.  B.  as 
aforesaid ;  and  also  of  and  from  all  other  reckonings,  accounts,  and 
demands  whatsoever,  from  the  beginning  of  the  world  to  the  day 
of  the  date  of  these  presents. 

As  witness,  &c.,  [as  in  Release  of  all  Demands.] 


ARBITRATIONS  AND  AWAKDS. 

THE  act  by  which  two  or  more  parties  refer  a  matter  in  dispute 
to  the  decision  of  third  parties,  is  called  submission  ;  the  parties 
to  whom  the  matter  is  referred,  arbitrators  ;  and.  their  decision, 
an  award. 

A  verbal  decision  is  valid;  but  an  award,  made  upon  such  sub- 
mission, can  be  enforced  only  by  a  suit,  while  a  submission  in 
writing  authorizes  the  entry  of  a  judgment  in  accordance  with  the 
tenor  of  the  award. 

Submissions,  written  and  verbal,  may  be  revoked  by  either  of 
the  disputants,  at  any  time  prior  to  the  rendering  of  the  award. 
But  the  party  revoking  is  liable  to  the  opposing  party  for  all  cost/ 
and  damages  incurred  in  preparing  for  the  arbitration. 

The  award,  to  bo  good,  must  not  embrace  any  matter  not  compro 


174  ARBITRATIONS   AND   AWARDS. 

Iiended  in  the  submission.  The  award  must  comprehend  every 
item  or  thing  submitted.  It  must  not  be  of  a  thing  unreasonable 
nor  against  law,  nor  morally  or  physically  impossible  to  the  party ; 
and  it  must  also  be  certain — that  is,  capable  of  being  reduced  to 
certainty — advantageous,  mutual,  and  final. 

Arbitrators  are  authorized  by  custom,  but  not  by  law,  to  charge 
the  same  fees  allowed  to  referees  appointed  by  a  court  of  record, 
viz. :  three  dollars  per  day  each,  for  each  day  necessarily  spent  in 
bringing  the  case  to  a  settlement ;  the  money  to  be  paid  when  they 
bring  in  their  award  or  report.  The  parties  are  at  liberty,  how- 
over,  to  agree  at  the  outset,  in  writing,  upon  a  specified  compen- 
sation. 

Common  Bond  of  Arbitration. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of 

,  in  the  county  of ,  gentleman,  ani  held  and  firmly  bound 

to  C.  D.,  of  the  city  of ,  merchant,  in  the  sum  of  $500,  of  good 

and  lawful  money  of  the  United  States,  to  be  paid  to  the  said  C.  D., 
or  to  his  certain  attorney,  executors,  and  administrators,  or  assigns, 
for  which  payment,  to  be  well  and  faithfully  made,  I  bind  myself, 
my  heirs,  executors,  and  administrators,  firmly,  by  these  presents. 
Sealed  with  my  seal ;  dated  the . 

The  condition  of  this  obligation  is  such,  that  if  the  above  bounden 
A.  B.,  his  heirs,  executors,  and  administrators,  on  his  or  their  parts 
and  behalves,  shall,  and  do,  in  all  things,  well  and  truly  stand  to, 
obey,  abide  by,  perform,  fulfil,  and  keep  the  award,  order,  arbitra- 
ment, and  final  determination  of  M.  N.,  0.  P.,  and  Q.  E.,  of,  &c., 
arbitrators,  indifferently  elected  and  named,  as  well  on  the  part 
and  behalf  of  the  above  bounden  A.  B.  as  of  the  above  named  C. 
D.,  to  arbitrate,  award,  order,  judge,  and  determine,  of,  and  con- 
cerning all,  and  all  manner  of  action  and  actions,  cause,  and  causes 
of  actions,  suits,  bills,  bonds,  specialities,  judgments,  executions, 
quarrels,  controversies,  trespasses,  damages  and  demands  whatso- 
ever, at  any  time  heretofore  had,  made,  moved,  brought,  commenc- 
ed, sued,  prosecuted,  done  suffered,  committed,  or  depending  by 
and  between  the  said  parties,  so  as  the  said  award  be  made  in 
writing,  under  the  hands  of  the  said  M.  N.,  0.  P.,  and  Q.  Rv  or  any 
two  of  them,  and  ready  to  be  delivered  to  the  said  parties  in  diffe- 
rence, or  §uch  of  them  as  shall  desire  the  same,  on  or  before  the 

day  of ,  then  this  obligation  to  be  void,  or  else  to  remain 

in  full  force. 

[If  it  is  intended  to  have  a  judgment  entered  on  an  award,  and 
to  give  power  to  u  court  of  record  to  modify  or  vacate  the  award 


ARBITEATIONS    AND    AWARDS.  175 

according  to  the  statute,  the  following  clause  must  bo  added  at  the 
end  of  the  condition,  as  follows  :] 

And  it  is  hereby  agreed,  that  a  judgment  of  the  Supreme  Court 

of  Judicature  of  the  People  of  the  State  of ,  shall  be  rendered 

upon  the  award  to  bo  made  pursuant  to  the  above  submission. 


Arbitrator's  Oath. 

TO  BE  ADMINISTERED  BY  A  JUDGE  OF  A  COURT  OF  RECORD  OR  A 
JUSTICE  OF  THE  PEACE. 

You  do  severally  swear,  faithfully  and  fairly  to  hear  and  ex- 
amine the  matters  m  controversy  between  A.  B.,  of  the  one  part, 
and  C.  D.,  of  the  other  part,  and  to  make  a  just  award  according  to 
the  best  of  your  understanding. 


Subpoena  to  appear  before'Arbitrators. 

THa  People  of  the  State  of ,  to  S.  T.,  U.  V.,  and  W.  Y.     You, 

and  each  of  you,  are  commanded  personally  to  appear  and  attend 

at  the  house  of ,  in  the  town  of ,  and  in  the  county  of , 

on  the day  of ,  in  the  year  — r-,  at  ten  o'clock  in  the  fore- 
noon of  that  day,  before  M.  N.,  O.  P.  and  D.  R.,  arbitrators  chosen 
to  determine  a  controversy  between  A.  B.  and  C.  D.,  then  and  there 
to  testify  as  a  witness  in  relation  thereto,  before  said  arbitrators, 
on  the  part  of  the  said  A.  B.  Hereof  fail  not  at  your  peril.  Given 

under  my  hand;  this day  of ,  in  the  year . 

R.  S.,  Justice  of  the  Peace 


Award  of  Arbitration. 

To  all  to  whom  these  presents  shall  come,  A.  A.,  of ,  C.  C.,  01 

,  and  D.  D.,  of ,  send  greeting : 

WHEREAS, divers  suits,  disputes,  controversies,  and  differences; 
have  happened  and  arisen,  and  are  now  depending-,  between  E.  E., 

of  ,  and  F.  P..  of .  for  pacifying,  composing,  and  ending 

whereof,  the  said  E.  E.  and  F.  F.  have  bound  themselves  each  to 
the  other,  in  the  penal  sura  of  $500,  by  several  bonds  or  obliga* 
tions,  bearing  date last  past,  before  the  date  hereof,  with  con- 
dition thereunder  written,  to  stand  to,  obey,  abide,  perform,  and 
keep  the  award,  order,  arbitrament,  final  enof  and  determination  of 
the  said  A.  A.,  C.  C.,  and  D.  D.,  arbitrators  indifferently  named, 
elected,  and  chosen,  as  well  on  the  part  and  behalf  of  the  said  E. 
E.,  as  of  the  said  F.  F.,  to  arbitrate,  award,  adjudge,  and  deter- 
mine, of  and  concerning  all,  and  all  manner  of  action  and  action^ 
cause  and  causes  of  actions,  suits,  bills,  bonds,  judgments,  exeou 


176  ARBITRATIONS    AND    AWARDS. 

tions,  quarrels,  controversies,  trespasses,  damages,  and  demands, 
whatsoever,  at  any  time  or  times  theretofore  had,  made,  com- 
menced,  sued,  prosecuted,  or  depending,  by  or  between  the  said 
parties,  or  either  of  them,  so  as  the  said  award  should  be  made  in 
writing,  under  the  hands  and  seals  of  the  said  arbitrators,  or  any 
two  of  them,  ready  to  be  delivered  unto  the  said  parties,  or  such 

of  them  as  should  require  the  same,  on  or  before  the day  of 

this  instant, ,  as  by  the  said  obligations  and  conditions  thereof 

it  doth  and  may  appear  :  Now  know  ye,  that  the  said  A.  A.,  C.  C., 
and  D.  D.,  taking  upon  them  the  charge  and  burden  of  the  said 
award,  and  having  deliberately  heard  the  allegations  and  proofs 
of  both  the  said  parties,  do,  by  these  presents,  arbitrate,  award, 
order,  decree,  and  adjudge,  of  and  concerning  the  premises,  in  man- 
ner and  form  following ;  that  is  to  say  : 

First,  they  do  award,  order,  decree,  and  adjudge,  that  the  said 

F.  F.,  or  his  heirs,  shall  and  do,  on  or  before  the day  of 

next  ensuing  the  date  hereof,  make  and  execute  a  good  and  suf- 
ficient conveyance  of  his  interest,  as  lessee  for  years,  of  a  certain 

farm  in  the  possession  of  the  said  F.  F.,  situate ,  pursuant  and 

according  to  the  true  intent  and  meaning  of  certain  articles  of 

agreement,  bearing  date  on  or  about  the  day  of ,  and 

made  between  the  said  F.  F.,  of  the  one  part,  and  the  said  E.  E., 
of  the  other  part,  or  as  near  the  same  as  the  present  circumstances 
will  admit. 

And  also,  the  said  arbitrators  do  further  award,  decree,  and  ad- 
judge, that  the  said  F.  #.,  his  executors  or  administrators,  shall 

and  do,  on  or  before  the  day  of next  ensuing  the  date 

hereof,  pay,  or  cause  to  be  paid,  unto  the  said  E.  E.,  his  executors 
or  administrators,  at,  or  in  the  now  dwelling-house  of  the  said  E. 
E..  in aforesaid,  the  sum  of  fifty  dollars,  in  full  payment,  dis- 
charge, and  satisfaction,  of  and  for  all  moneys,  debts,  duties,  due 
or  owing  unto  the  said  E.  JT«.,  by  the  said  F.  F.,  upon  any  account 
whatsoever,  at  any  time  before  thsir  entering  into  the  said  bonds 
of  arbitration,  as  aforesaid. 

And  also,  the  said  arbitrators  do  hereby  further  award,  order 
decree,  and  adjudge,  that  all  actions  and  suits  commenced,  brought, 
or  depending  between  the  said  E.  E.  and  F.  F.,  for  any  matter, 
cause,  or  thing  whatsoever,  arising  or  happening  at  the  time  of,  or 
before  their  entering  into  the  said  bonds  of  arbitration,  shall,  from 
henceforth,  cease  and  determine,  nnd  be  no  further  prosecuted  or 
proceeded  in  by  them,  or  either  of  them,  or  by  their,  or  either  of 
their  means,  consent,  or  procurement. 

And  lastly,  the  said  arbitrators  do  hereby  further  award,  order, 
adjudge,  and  decree,  that  the  said  E,  E.  and  F.  F.  shall  and  do, 
within  the  space  of  two  days  next  ensuing  the  date  of  this  present 
award,  seal  and  execute  unto  each  other  mutual  and  general  re- 
leases of  all  actions,  cause  and  causes  oi'  ar.tfoaa,  suits,  contro- 


A  PPO1NTMENTS-  —  AFFIDA  VITS.  177 

verges,  trespasses,  debts,  duties,  damages,  accounts,  reckonings, 
and  demands  whatsoever,  for  or  by  reason  of  any  matter,  cause,  or 
thing  whatsoever,  from  the  beginning  of  the  world  to  the  day  of 
the  date  of  the  said  bonds  of  arbitration,  as  aforesaid. 
In  testimony,  &c.,  [as  in  Certificate  of  Magistrate,  $*c.] 


APPOINTMENTS. 

Appointment  of  a  Guardian  by  a  Minor. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of  .,  son  and 
heir  of  W.  B.,  late  of ,  deceased,  being  above  the  age  of  four- 
teen years,  namely,  about  the  age  of  seventeen  years,  have  nomi- 
nated, elected,  and  chosen,  and  by  these  presents  do,  &c.,  C.  D.,  of 
,  to  be  guardian,  as  well  of  my  person  as  of  my  real  and  per- 
sonal estate,  until  I  shall  attain  the  age  of  twenty-one  years,  &c. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  .in  the  year  one  thousand  eight  hundred  and 

sixty. 

A.  B.  [«EAL.] 


AFFIDAVITS. 


Common  Form  of  Affidavit. 
COM.  MASS,  SUFFOLK  Co.,  55.  BOSTON,  May  1,  1860. 

THEN  the  above  named  A.  B.  personally  appeared,  and  made 
oath  [or,  solemnly  affirmed]  that  the  foregoing  declaration,  by  him 
subscribed,  is  true  Before  me,  J.  S.,  Justice  of  the  Peaco. 

Affidavit  to  hold  to  Bail. 

A  B.,  Of ?  in county,  merchant,  on  oath  declares,  that 

he  has  a  demand  against  the  within  named  C.  B.,  upon  the  causo 
of  action  stated  in  the  within  writ,  which  he  believes  to  be  justly 
due,  and  upon  which  he  expects  that  he  will  recover  ten  dollars  or 
upward;  and  that  he  has  reasonable  cause  to  believe  that  said  C 
D.  is  about  to  depart  beyond  tho  jurisdiction  of  the  court  to  which 
said  writ  is  returnable,  and  not  to  return  until  after  judgment  may 
probably  be  recovered  in  said  suit,  so  that  he  cannot  be  arrested 
on  the  first  execution  (if  any)  which  may  issue  in  said  suit. 

A.  B. 

Subscribed  and  sworn  to,  this  first  day  of  January,  A.  D.  1860. 
Before  rno,  J.  S.,  Justice  of  tho  Peace. 


178  ASSIGNMENTS. 

The  same,  by  an  Agent  or  Attorney. 
COM.  MASS.         SUFFOLK,  ss. 

A.  B.,  of  Boston,  in  said  county,  merchant,  agent  (or  attorney) 
of  C.  D.,  of  tbo  city,  county,  and  state  of  New- York,  merchant, 
on  oath  declares,  that  the  said  C.  D.  has  a  demand  against  the 
within-named  E.  F.  upon  the  cause  of  action  stated  in  the  within 
writ,  which  this  deponent  oelieves  to  be  justly  due,  and  upon  which 
he  expects  that  the  said  C.  D.will  recover  ten  dollars  or  upwards; 
and  that  this  deponent  has  reasonable  cause  to  believe  that  said 
B.  F.  is  about  to  depart  beyond  the  jurisdiction  of  the  court  to 
which  said  writ  is  returnable,  and  not  ta  return  till  after  judgment 
may  probably  be  recovered  in  said  suit,  so  that  he  cannot  be  ar- 
rested on  the  first  execution  (if  any)  which  may  issue  in  said  suit. 

A.  B. 

Subscribed.  &c.,  [as  in  Affidavit  to  hold  to  Sail] 


Affidavit  by  a  Party  in  a  Cause, 

TO    PROVE    A    FACT    IN    COURT. 

I,  A.  B  ,  plaintiff  in  the  above-entitled  cause,  on  oath  depose  and 
say,  that  the  original  paper,  of  which  a  copy  has  been  produced, 
was  in  my  possession  on  or  about  the  first  day  of  July  last,  since 
which  time  I  have  not  seen  the  same,  and  I  suppose  and  believe  it 
to  have  been  lost. 

Subscribed,  &c.,  [as  in  Affidavit  to  hold  to  Bail] 


ASSIGNMENTS. 

AN  assignment  is  valid  only  when  made  in  good  faith.  Any 
party  interested  in  testing  its  validity,  can  do  so  in  an  action ;  if 
it  can  be  shown  before  a  jury  that  the  assignment  was  made  to 
evade  debts  due  to  creditors,  they  will  set  it  aside ;  if  such  fraud 
cannot  be  proved,  then  it  will  stand. 

An  assignment  by  a  debtor  for  the  benefit  of  his  creditors  must 
be  unconditional  surrender  of  all  his  effects.  If  he  secretly  hold 
back  any  property,  such  withholding  is  fraudulent,  and  punish- 
able by  statute. 

An  insolvent  debtor  has  the  right  to  prefer  one  creditor  to  the 
exclusion  of  all  others,  in  case  it  be  done  in  good  faith,  This  right 
remains  with  him  even  after  suit  has  been  commenced  against 
him  by  another  creditor. 


ASSIGNMENTS.  179 

An  assignment  by  an  insolvent  debtor  in  trust  to  pay  certain 
creditors,  who  are  to  transfer  the  residue  to  the  debtor,  is  void  as 
to  the  remaining  creditors ;  and  evidence  that  there  would  be  no 
surplus,  will  not  render  it  valid. 

An  assignment  authorizing  the  assignee  to  change,  at  discretion, 
the  order  of  preference  of  creditors  is  void. 

All  assignments  for  the  benefit  of  creditors  must  be  accompanied 
by  immediate  delivery  of  the  property. 

Trustees  and  assignees  are  entitled  to  the  same  compensation 
that  is  allowed  to  executors,  administrators,  and  guardians. 

Assignments,  and  assignments  of  mortgages,  must  be  acknowl- 
edged and  recorded,  like  all  other  conveyances  of  property. 

General  Form  of  Assignment, 

TO  BE  WRITTEN  Oil    ENDORSED    ON    THE    BACK  0F  ANY    INSTRUMENT 

KNOW  all  men  by  these  presents,  that  I,  the  within-named  A.  B., 
in  consideration  of  one  hundred  dollars  to  me  paid  by  C.  D.,  have 
assigned  to  the  said  C.  D.,  and  his  assigns,  all  my  interest  in  the 
within  written  instrument,  and  every  clause,  article,  or  thing  there- 
in contained;  and  I  do  hereby  constitute  the  said  C.  D.,  my  attor- 
ney, in  my  name,  but  to  his  own  use,  and  at  his  own  risk  and  cost, 
to  take  all  legal  measures  which  may  be  proper  for  the  completa 
recovery  and  enjoyment  of  the  assigned  premises,  with  power  ol 
substitution. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tnnth  day  of  May,  one  thousand  eight  hundred  and  sixty. 

Executed  and  delivered  )  A    -r.   rwlTl 

,1  n        >  .&..  Ji.  I  SEAL.  I 

in  the  presence  ot      j 


Assignment  of  Partnership  Property  and  Debts, 

BY  ONE  PARTNER  TO  ANOTHER,  IN  TRUST,  TO  CLOSE  THE  CONCERN. 

WHEREAS,  a  co-partnership  has  heretofore  existed  between  D.  II. 
and  A.  B.,  both  of  the  city  of  Boston,  which  co-partnership  has 
been  known  under  the  name  of  II.  and  B.,  and  which  it  is  the  in- 
tention of  the  said  oo-partners  forthwith  to  dissolve  and  deter- 
mine : 

Now,  this  indenture  of  two  parta,  made  this day  of ,  in 

tfca  year ,  by  and  between  the  said  D.  II.,  of  the  one  part,  and 

the  said  A.  B.,  of  the  other  part,  witnesseth : 

First.  That  the  co-partnership  aforesaid,  is  hereby,  by  tho  m» 
tual  consent  of  tho  said  parties,  dissolved  and  determined. 


180  ASSIGNMENTS. 

Second,  The  said  D.  II  doth  hereby  sell,  transfer,  assign  and  set 
over  unto  the  said  A.  B.,  his  moiety  of  all  the  stock  in  trade,  goods, 
merchandise,  effects,  and  property  of  every  description  belonging 
to  or  owned  by  the  said  co-partnership,  wherever  the  same  may  be, 
together  with  all  debts,  cases  in  action,  and  sums  of  money  due 
and  owing  to  the  said  firm  from  any  and  all  persons  whomsoever 
to  hold  the  same  to  the  said  A.  B.  and  his  assigns  forever,  in  trust 
for  the  following  purposes,  namely  :  that  the  said  A.  B.  shall  sell 
and  dispose  of  all  the  goods,  property,  and  effects  belonging  to  tho 
said  firm,  at  such  time  and  in  such  manner  as  he  may  think  pru- 
dent ;  and  shall,  with  reasonable  diligence,  collect  all  the  debts 
and  sums  of  money  due  and  owing  to  the  said  firm;  and  shall,  out 
of  the  proceeds  of  the  said  sales,  and  with  the  money  thus  col- 
lected, pay  and  discharge  all  the  debts  and  sums  of  money  now 
due  and  owing  from  the  said  firm,  as  far  as  the  proceeds  of 
said  sales  and  the  sums  of  money  collected  will  go ;  and,  lifter 
fully  satisfying  all  demands  against  the  said  firm,  if  there  be  any 
surplus,  shall  pay  over  one  moiety  thereof  to  the  said  D.  II.  or  his 
assigns. 

Third.  The  said  D.  II.  doth  hereby  constitute  and  appoint  the 
said  A.  B.  his  attorney  irrevocable,  in  his,  the  said  A.  B.'s  own 
name,  or  in  the  name  of  the-  said  firm,  to  demand,  collect,  sue  for 
and  receive  any  and  all  debts  and  sums  of  money  due  and  owing 
to  *:he  said  firm;  to  institute  and  prosecute  any  suits  for  the  recov- 
ery of  the  said  debts,  or  to  compound  the  same,  as  he  may  judge 
most  expedient;  to  defend  any  and  all  suits  against  the  said  firm . 
to  execute  all  such  paper  writings  and  acquittances  as  may  be  ne- 
cessary; and  generally  to  do  all  such  acts  and  things  as  may  bo 
necessary  or  proper  for  the  full  and  complete  settlement  of  all 
business  and  concerns  of  the  said  co-partnership. 

Fourth.  The  said  A.  B.,  for  himself  and  his  heirs,  executors,  and 
administrators,  hereby  covenants  to  and  with  the  said  D.  II.  and 
his  assigns,  that  he  will  sell  and  dispose  of  all  the  partnership  pro- 
perty and  effects  to  the  best  advantage ;  that  he  will  use  his  best 
diligence  and  endeavors  to  collect  all  debts  and  sums  of  money  due 
and  owing  to  the  said  firm  ;  and  that  he  will  truly  and  faithfully 
apply  the  proceeds  of  said  sale,  and  the  moneys  collected,  to  the 
payment,  discharge,  and  satisfaction  of  all  debts  and  demands 
against  the  said  firm,  as  far  as  the  same  will  go  :  and,  after  dis- 
charging all  such  debts,  will  pay  over  to  the  said  D.  H.,  or  hia 
assigns,  one  moiety  of  any  surplus  that  may  remain  ;  and  further, 
that  he  will  keep  full  and  accurate  accounts  of  all  moneys  re- 
ceived by  him  for  goods  sold,  or  debts  collected;  as  well  as 
of  moneys  paid  out,  and  will  render  a  just,  true,  and  full  account 
therefor  to  the  said  D.  II. 

Fifth.  The  said  Do  II..  for  himself,  &c.,  covenants  to  and  with  the 
gftid  A.  B.,  &e.,  that,  upon  settlement  of  accounts  if  it  shal1  ba 


ASSIGNMENTS.  181 

found  that  che  debts  due  and  owing  from  the  said  firm  exceed  the 
amount  of  moneys  received  from  the  sale  of  the  said  goods,  and 
the  debt?  collected,  he  will  pay  unto  the  said  A.  B.,  or  his  assigns, 
one  moiety  of  any  balance  that  may  then  be  duo  and  owing  from 
the  said  firm. 

In  testimony  whereof,  &c.,  [as  in  General  Form  of  Assignment .] 

Assignment  of  Partnership  Property  and  Debts  by  one  Part- 
ner to  Another  for  a  Certain  Sum. 

THIS  Indenture' of  two  parts,  made  and  concluded  this day 

of ,  in  the  year  of ,  by  and  between  D.  H.,  of  New-York, 

printer,  of  the  first  part,  and  J.  B.,  of  New-York,  printer,  of  tho 
second  part,  witnesseth : 

That,  whereas,  tho  said  parties  were  lately  co-partners  in  the 
business  of  printing,  which  partnership  was  dissolved  and  deter- 
mined on  the day  of last ;  and  whereas  many  debts,  due 

and  owing  to  the  said  parties  on  account  of  their  paid  co-partner- 
ship, are  still  outstanding,  and  debts  due  by  the  said  firm  are  yet 
unpaid ;  and  whereas  it  is  agreed  that  the  said  party  of  the  second 
part  shall  assign  and  release  to  the  said  party  of  the  first  part  all 
his  interest  in  the  stock  in  trade,  goods,  and  effects,  belonging  to 
the  said  firm,  and  in  the  debts  now  owing  to  the  said  firm,  and  tnat 
the  said  party  of  the  first  part  shall  assume  aH  the  debts  and  lia- 
bilities of  the  said  firm,  and  shall  discharge  and  indemnify  the  said 
party  of  the  second  part  from  all  liabilities  and  losses  arising  from 
the  said  partnership  : 

Now,  therefore,  in  pursuance  of  tho  said  agreement,  and  in  con- 
sideration of  the  sum  of ,  paid  and  secured  to  the  said  J.  B., 

he,  the  said  J.  B.,  doth  hereby  fully  and  absolutely  sell,  assign,  re- 
lease, and  make  over  to  the  said  D.  H.  all  his  riglit,  title,  interest, 
and  share,  in  and  to  all  the  stock  in  trade,  goods,  merchandise,  ma- 
chinery, tools,  books,  leasehold  premises,  and  effects,  belonging  to 
the  said  partnership,  of  whatever  kind  or  nature,  and  wheresoever 
situated ;  also,  all  his  right,  title,  and  interest  in  and  to  all  tho 
debts  and  sums  of  money  now  due  and  owing  to  the  said  firm 
whether  the  same  be  by  bond,  bill,  note,  or  account,  or  otherwise 
and  the  said  J.  B.  doth  hereby  make  and  appoint  ihc  said  D.  II. 
his  executors,  administrators,  and  assigns,  to  be  his  attorney  and 
attorneys,  to  receive  all  and  several  tho  debts  and  sums  of  money 
above  mentioned,  to  his  and  their  own  use  and  benefit;  and  dotn 
hereby  authorize  the  said  D.  II.,  his  executors,  &c.,  to  demand,  col- 
lect, and  sue  for  the  said  debts  and  sums  of  money,  and  to  use  his, 
tne  said  J.  B.Js  name  in  any  way  or  manner  that  the  collection,  re- 
covery, and  realization  of  the  said  debts  and  demands  may  render 
neceseary,  as  well  in  court  as  out  of  court,  but  at  their  own  proper 
costs  and  charges,  and  without  cost  or  damage  to  the  said  J.  IJ 


182  ASSIGNMENTS. 

And  the  said  J.  B.  doth  hereby  further  authorize  the  said  D.  H. 
to  convey  and  transfer  to  his  own  name,  and  for  his  own  use  and 
benefit,  any  and  all  sums  of  money  and  effects,  real  and  personal 
estate,  which  maybe  taken  or  received  in  the  name  of  the  said 
firm,  and  to  hold  the  same  free  from  all  claims  by  the  said  J.  B., 
his  executors,  administrators,  or  assigns. 

And  these  presents  further  witness,  that,  inpursuance  of  the  said 
agreement,  the  said  D.  II.,  for  himself,  his  executors  and  administra 
tors,  doth  hereby  covenant  to  and  with  the  said  J.  B.,  his  executors 
and  administrators,  that  he,  the  said  D.  H.,  and  his,  &c,  shall  pay 
and  discharge,  and  at  all  times  hereafter  save  harmless  and  indem- 
nify, the  said  J.  B.,  his,  &c.;  from  and  against  all  and  every  the 
debts,  duties,  and  liabilities,  which,  at  the  dissolution  and  termina- 
tion of  the  said  partnership,  were  due  and  owing  by  the  said  firm 
to  any  person  or  persons,  for  any  matter  or  thing  touching  the 
said  partnership,  and  of  and  from  all  actions,  suits,  costs,  expenses, 
and  damages,  for,  or  concerning  the  said  debts,  duties  and  liabili- 
ties, unless  the  said  J.  B.  shall  have  contracted  any  debts  or  in- 
curred  any  liabilities,  in  the  name,  and  on  account  of  the  said 
firm,  which  are  unknown  to  the  said  D.  H.,  and  do  not  appear  in 
the  books  of  the  said  firm ;  for  which,  if  any  such  exist,  the  said 
D.  H.  does  not  hereby  intend  to  make  himself  responsible. 

In  testimony  whereof,  &c.,  [As  in  General  Form  of  Assignment.] 


Assignment  of  a  Bond  by  Endorsement, 

KNOW  all  men  by  these  presents,  that  I,  the  within  named  A.  B. 

for,  and  in  consideration  of  the  sum  of ,  to  me  paid  by  C.  D 

of ,  at  or  before  the  sealing  of  these  presents,  (the  receipt 

whereof  is  hereby  acknowledged,)  have  granted,  bargained,  sold, 
assigned,  transferred,  and  set  over,  and  by  these  presents  do  grant, 
bargain,  sell,  assign,  transfer,  and  set  over,  unto  the  said  C.  D.,  his 
executors,  adminstrators  and  assigns,  the  within  written  bond  or  ob- 
ligation, and  the  sum  of ,  mentioned  in  the  condition  thereof, 

together  with  all  interest  due  and  to  grow  due  for  the  same,  and 
all  my  right,  title,  interest,  claim,  and  demand,  whatsoever,  of; 
in,  and  to  the  same.  And  I  authorize  the  said  C  D.,  in  my  name 
to  demand,  sue  for,  receive,  have,  hold  and  enjoy  the  said  sum  of 
,  and  interest,  to  his  own  use  absolutely  forever. 

In  testimony,  &c.  [as  in  General  Form  of  Assignment.} 


Assignment  of  a  Judgment 

To  all  persons  to  whom  these  presents  shall  come,  A.  B.  of ? 

sends  greeting : 

WHEREAS,  I,  the  said  A.  B.,  lately  recovered  judgment,  in  the 
court  of,  &c.,  holden  at ,  on ,  against  C.  DM  cf ,  for 


ASSIGNMENTS. 

the  sum  of,  &c.,  iebt  or  damage,  and  the  sum  of,  &e.,  eoals  of 
the  said  suit,  as  by  the  record  of  said  judgment  doth  appear ; 
upon  which  judgment  execution  hath  lately  been  sued  forth. 
Now,  know  ye,  that  I,  the  said  A.  B.,  in  consideration  of  the 

BlLm  of ,'to  me  paid  by  E.  F.,  of r  (the  receipt  whereof 

I  do  hereby  acknowledge,)  have  granted,  assigned,  and  trans- 
ferred, and  by  these  presents  do  grant,  &e.,  unto  the  said  E.  F., 
his  executors,  administrators,  and  assigns,  the  said  judgment, 
and  all  and  singular  the  sum  and  sums  of  money,  benefit  and  ad- 
vantage whatsoever,  that  now  can  or  shall  or  may  hereafter  be  ob- 
tained by  reason  or  means  of  the  same,  or  any  execution  thereupon 
now  had  or  to  be  had,  sued  or  executed,  and  all  the  state,  right, 
title,  interest,  and  demand,  whatsoever,  which  I,  the  said  A.  B.,have 
or  ought  to  have  or  claim,  of,  in,  or  to  the  said  judgment,  or  any 
Bum  of  money,  lands,  or  tenements,  which  by  virtue  of  any  process 
or  execution  thereupon  issued,  or  to  be  issued,  shall  or  may  be  re- 
covered, obtained,  or  gotten.  And  I  do  hereby  make,  constitute, 
and  appoint  the  said  E.  F.  my  attorney  irrevocable,  in  my  name, 
but  at  the  proper  charges  of  the  said  E.  F.  ,  and  to  his  own  us€ 
to  prosecute  the  said  execution  upon  the  said  judgment,  and  cause 
the  said  execution  to  be  levied  on  any  real  estate  of  the  said  C.  D., 
and  upon  composition  concerning  the  premises,  to  acknowledge 
satisfaction  of  the  same,  and  generally  to  do  all  an«J  every  such  other 
act  and  acts  as  shall  be  requisite  in  "and  about  the  premises.  And 
I,  the  said  A.  B.,  for  myself,  my  executors,  and  administrators 
do  covenant,  promise,  and  agree,  to  and  with  the  said  E.  F.,  his  ex 
centers,  administrators,  and  assigns,  that  I  have  never  released  or 
discharged,  and  that  I  will  not  release  or  discharge  the  said  judg- 
ment,, or  any  execution  which  hath  been,  or  shall  be  thereupon 
sued  or  executed  ;  and  that  I,  my  executors  or  administrator,  shall 
not  make  or  do  any  release,  act  or  thing  whatsoever,  whereby  the 
said  judgment  or  any  execution  which  hath  been  or  shall  be  there- 
upon  sued  or  executed  by  the  said  E.  F.  or  his  assigns  shall  be  in  any 
manner  frustrated  hindered,  debarred,  or  extinguished.  And  I  do 
further  covenant  that  I  will,  and  my  heirs,  executors,  and  adminis- 
trators shall,  upon  the  reasonable  request,  and  at  the  charges  of 
the  said  E.  F.  hia  heirs  or  assigns,  grant  and  release  to  him  and 
them  forever,  all  such  real  estate  as  shall  be  levied  upon  by  him 
or  them,  in  my  name,  and  by  virtue  of  such  execution. 
In  teatimoi  y,  &c.,  [as  in  General  Farm  of  Assignment.} 


Assignment  of  a  Deed. 

KNOW  all  men  by  these  presents,  that  A.  B.,  the  grantee  -withia 
named,  and  Mary  his  wife,  for  and  in  consideration  of  the  sum  of 
nine  hundred  dollars,  to  them  in  hand  paid  by  C.  P  ,  of,  &o.,  at  and 
before  the  sealing  and  delivery  hereof,  (the  receipt  whoroaf  is 


184  ASSIGNMENTS 

hereby  acknowledged,)  have  granted,  bargained,  sold,  assigned, 
and  set  over,  and  by  these  presents  do  grant,  bargain,  sell,  assign, 
and  set  over,  unto  the  said  C.  D.,  his  heirs  and  assigns,  all  the 
within-mentioned  messuage,  tenement,  and  tract  of  land,  contain- 
ing, £e. ;  together  with  all  and  singular  the  rights  and  appurte- 
nances whatsoever,  thereunto  belonging,  and  tho  reversions  and 
remainders,  rents,  issues,  and  profits  thereof.  To  have  and  to 
aold  the  said  messuage,  tenement,  and  tract  of  land,  hereby 
granted  and  assigned,  or  mentioned  or  intended  so  to  be,  with  the 
appurtenances,  'unto  the  said  C  D.,  his  heirs  and  assigns,  to  the 
only  proper  use  and  behoof  of  the  said  C.  D.,  his  heirs  and  assigns, 
forever.  And  the  said  A.  B.,  and  his  heirs,  the  said  hereby 
granted  and  assigned  premises,  with  the  appurtenances,  unto  tho 
said  C.  D.,  his  heirs  and  assigns,  against  him,  the  said  A.  B.,  and  his 
heirs,  and  against  all  and  every  other  person  or  persons  whomso- 
ever, lawfully  claiming  by,  from,  or  under  him,  them,  or  any  of 
them,  shall  and  will  warrant  and  forever  defend. 

In  testimony,  &c.,  [as  in  General  Form  of  Assignment.] 

Assignment  of  a  Lease. 

KNOW  all  men  by  these  presents,  that  I,  the  within-named  A.  B., 
the  lessee,  for  and  in  consideration  of  the  sum  of  one  thousand  dol- 
lars, to  me  in  hand  paid  by  C.  D.,  of,  &c.,  at  and  before  the  seal- 
ing and  delivery  hereof,  (the  receipt  whereof  I  do  hereby  acknow- 
ledge,) have  granted,  assigned  and  set  over,  and  by  these  presents 
do  grant,  assign  and  set  over,  unto  the  said  C.  D.,  his  executors, 
administrators,  and  assigns,  the  within  indenture  of  lease,  and  all 
that  messuage,  &c.,  thereby  demised,  with  the  appurtenances ;  and 
also  all  my  estate,  right,  title,  term  of  years  yet  to  come,  claim, 
and  demand  whatsoever,  of,  in,  to,  or  out  of  the  same.  To  have 
and  to  hold  the  said  messuage,  &c.,  unto  the  said  C.  D.,  his  execu^ 
tors,  administrators,  and  assigns,  for  the  residue  of  the  term  with- 
in mentioned,  under  the  yearly  rent  and  covenants  within  reserved 
and  contained,  on  my  part  and  behalf  to  be  done,  kept  and  per- 
formed. 

In  testimony,  £c.,  [as  in  General  Form  of  Assignment.] 


Assignment  of  a  Mortgage. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.  the  mortgagee 
within  named,  for  and  in  consideration  of  the  sum  of  sixteen  Hun- 
dred dollars,  to  me  paid  by  C.  D.,  of,  £c.,  at  and  before  the  sealing 
and  delivery  hereof,  (the  receipt  whereof  is  hereby  acknowledged.) 
have  granted,  bargained,  sold,  assigned  and  set  over,  and  by  tuese 
presents  do  p-ant,  bargain,  sell,  assign  and  set  over,  unto  the  said 
C.  D..  his  hei  s,  executors,  administrators  and  assigns,  the  within 
deed  of  mortgage,  and  all  my  right  and  title  to  that  messuage,  &o 


ASSIGNMENTS.  183 

therein  mentioned  and  described,  together  with  the  original  debt 
for  which  the  said  mortgage  was  given,  and  all  evidence  thereof, 
and  all  the  rights  and  appurte-nances  thereunto  belonging.  To 
have  and  to  hold  all  and  singular  the  premises  hereby  granted  and 
assigned,  or  mentioned,  or  intended  so  to  bo,  unto  the  said  C.  D., 
his  heirs  and  assigns,  forever;  subject,  nevertheless,  to  the  right 
and  equity  of  redemption  of  the  within-named  E.  F.,  his  heirs  and 
assigns,  (if  any  they  have.)  in  the  same. 

In  testimony,  &c.,  [as  in  General  Form  of  Assignment.} 


Assignment  of  a  Patent. 

WHEREAS,  letters  patent,  bearing  date day  of ,  in  the 

year ,  were  granted  and  issued  by  the  government  of  the 

United  States,  under  the  seal  thereof,  to  A.  B.,  of  the  town  of , 

in  the  county  of ,  in  the  State  of ;  for  [here  state  the  na- 
ture of  the  invention  in  general  terms,  as  in  the  patent,]  a  more 
particular  and  full  description  whereof  is  annexed  to  the  said  let- 
ters patent  in  a  schedule  •  by  which  letters  patent  the  full  and  ex- 
elusive  rig^t  and  liberty  of  making  and  using  the  said  invention, 
and  of  vending  the  same  to  others  to  be  used,  was  granted  to  tho 
said  A.  B.,  his  heirs,  executors,  administrators,  or  assigns,  for  the 
term  of  fourteen  years  from  the  said  date : 

Now  know  all  men  by  these  presents,  that  I,  the  said  A.  B.,  foi 

and  in  consideration  of  the  sum  of dollars,  to  mo  in  hand 

paid,  (the  receipt  whereof  is  hereby  acknowledged,}  have  granted, 
assigned,  and  set  over,  and  by  these  presents  do  grant,  assign,  and 

set  over,  unto  C.  D.,  of  Jhe  town  of ,  in  the  county  of , 

and  State  of ,  his  executors,  administrators,  and  assigns,  for- 
ever, the  said  letters  patent,  and  all  my  right,  title  and  interest,  in 
and  to  the  said  invention,  so  granted  unto  mo  :  To  have  and  to  hold 
the  said  letters  patent  and  invention,  with  all  benefit,  profit  and 
advantage  thereof,  unto  the  said  C.  D.,  his  executors,  administra 
iors,  and  assigns,  in  as  full,  ample,  and  beneficial  a  manner,  to  all 
Intents  and  purposes,  as  I,  tho  said  A.  B.,  by  virtue  of  the  said  let- 
ters patent,  may  or  might  have  or  hold  the  same,  if  this  assignment 
had  not  been  made,  for  and  during  all  the  rest  and  residue  of  the 
said  term  of  fourteen  years. 

In  testimony,  &c.,  [as  in  General  Form  of  Assignment.] 


Assignment  of  Debt. 

KNOW  all  men  by  these  presents  that  we,  S.  and  T.,  booksellers, 

in  consideration  of  the  sum  of dollars,  paid  to  them  by  A.  B., 

of ,  in  the  county  of ,  (the  receipt  of  which  is  hereby  ac- 
knowledged,) do  hereby  sell,  assign,  and  transfer  unto  the  said  A, 


186  ASSIGNMENTS. 

B.,  all  their  claims  and  demands  against  J.  S.,  of  said ,  fur  debts 

due  to  the  said  S.  &  T. ;  and  all  actions  against  said  J.  S.,  now  pend- 
ing in  their  favor,  and  all  causes  of  action  whatsoever  against  him 

And  the  said  S.  &  T.  do  hereby  nominate  and  appoint  the  said  A 
B.,  his  executors  and  administrators,  their  attorney  or  attorneys  ir- 
revocable j  and  do  give  him  and  them  full  power  and  authority  to 
institute  any  suit  or  suits  against  said  J.  S.,  and  to  prosecute  the 
same,  and  any  suit  or  suits  which  are  now  pending  for  any  cause 
or  causes  of  action,  in  favor  of  said  S.  &  T.,  against  said  J.  S.,  to 
final  judgment  and  execution  ;  and  any  executions  for  the  cause  or 
causes  aforesaid,  to  cause  to  be  satisfied  by  levying  the  same  on 
any  real  or  personal  estate  of  the  said  J.  S.,  and  the  proceeds 
thereof  to  take  and  apply  to  his  or  their  own  use ;  and  in  case  of 
levying  said  executions  on  any  real  estate,  the  said  S.  &  T.  hereby 
empower  the  said  A.  B.,  his  executors  and  administrators,  to  sell 
and  pass  deeds  to  convey  the  same,  for  such  price  or  consideration, 
and  to  such  person  or  persons,  and  on  such  terms,  as  he  or  they 
shall  deem  expedient;  or,  if  he  or  they  prefer  it,  to  execute  any  con- 
veyances that  may  be  necessary  to  vest  the  title  thereof  in  him  or 
them,  as  his  or  their  own  property ;  but  it  is  hereby  expressly 
stipulated  that  all  such  acts  and  proceedings  are  to  be  tft  the  prop- 
er costs  and  charges  of  the  said  A.  B.,his  executors  and  adminis- 
trators, without  expense  to  the  said  S.  &  T. 

And  the  said  S.  &  T.  do  further  empower  the  said  A.  B.,  his  execu- 
tors and  administrators,  to  appoint  such  substitute  or  substitutes  as 
he  or  they  see  fit,  to  carry  into  effect  the  objects  and  purposes  of 
this  authority,  or  any  of  them,  and  the  same  to  revoke  from  time 
to  time  at  his  or  their  pleasure ;  the  said  S.  &  T.  hereby  ratifying 
and  confirming  all  the  lawful  acts  of  the  said  A.  B.,  his,  &c.,  in 
pursuance  of  the  foregoing  authority. 

In  testimony,  &c.,  [as  in  General  Form  of  Assignment.] 

Assignment  of  a   Policy  of   Insurance. 

KNOW  all  men  by  these  presents,  that  I,  the  within-named  A. 

B.  for  and  in  consideration  of  the  sum  of ,  to  me  paid  by  C. 

D.,  of,  &c.,  (the  receipt  whereof  is  hereby  acknowledged,)  have 
granted,  sold,  assigned,  transferred,  and  set  over,  and  by  these  pres- 
ents I  do  absolutely  grant,  sell,  assign,  transfer,  and  set  over  to 
him  the  said  C.  D.,  all  my  right,  property,  interest,  claim  and  de- 
mand in  and  to  the  within  policy  of  insurance,  which  have  already 
arisen,  or  which  may  hereafter  arise  thereon,  with  full  power  to 
use  my  name  so  far  as  may  be  necessary  to  enable  him  fully  to 
avail  himself  of  the  interest  herein  assigned,  or  hereby  intended 
fco  be  assigned.  The  conveyance  herein  made,  and  the  powers  here- 
by given,  are  for  myself  and  my  legal  representatives  to  said  G 
D.  and  his  legal  representatives^ 

Jn  testimony,  &c.,  [as  in,  General  Fnrm  of  Assignment  J 


ASSIGNMENTS,   ETC.  187 


Assignment  of  Demand  for  Wages  or  Debt. 

Li  consideration  of  $100  to  me  in  hand  paid  by  M.  D.,  of  tho 

city  of  — ,  the  receipt  whereof  is  hereby  acknowledged,  I, 

L.  C.,  of  the  same  place,  have  sold,  and  by  these  presents,  do 
sell,  assign,  transfer,  and  set  over,  unto  the  said  M.  D.,  a  certain 
debt  due  from  N.  E.,  amounting  to  the  sum  of  $150,  for  work, 
labor,  and  services  by  me  performed  for  the  said  JST.  E.,  (or  for 
goods  sold  and  delivered  to  the  said  N.  E.,)  with  full  power  to 
sue  for,  collect  and  discharge,  or  sell  and  assign  the  same  in  my' 
name  or  otherwise,  but  at  his  own  cost  and  charges  ;  and  I  do 
hereby  covenant  that  the  said  sum  of  $150  is  justly  due  as  afore- 
said, and  that  I  have  not  done,  and  will  not  do  any  act  to  hin- 
der, or  prevent  the  collection  of  the  same  by  the  said  M.  D. 

Witness  my  hand,  this  April  10th,  1863. 

L.  C. 


Assignment  of  Account  Endorsed  Thereon. 

In  consideration  of  $1,  value  received,  I  hereby  sell  and  as- 
sign to  M.  D.,  the  within  account  which  is  justly  due  from  the 
within  named  N.  E.,  and  I  hereby  authorize  the  said  M.  D.,  to 
collect  the  same. 

L.  C. 

Troy,  April  10th,  1863. 


Contractor's  Notice  of  Lien. 

To  S.  C.,  Town  clerk  of  the  town  of ,  in  the  county 

Q£ 

Take  notice  tJiat  I,  a  resident  of  said  town,  have,  or  claim  to 
have,  a  lien  upon  the  building  hereinafter  described  and  the  ap- 

Eurtenances,  and  the  lot  upon  which  the  same  stands,  as  security 
>r  the  amount  due  me  in  pursuance  of  the  statute  in  such  case 
made  and  provided.  That  said  building  is  known  as  No.  50  on 
Main  street  in ,  or  stands  on  the  lot  bounded  and  descri- 
bed as  follows :  (insert  description,)  and  said  house  and  lot  is 
owned  by  C.  D.* 

That  the  claim  against  said  lot  or  the  owner  thereof  is  for 
work,  labor  and  services  as  carpenter  and  joiner,  and  for 
materials  furnished  by  me  as  the  contractor  with  the  said  C.  D. 
for  the  building  altering  or  repairing  said  house,  under  and  in 
pursuance  of  an  agreement  made  with  said  C.  D.,  that 


188  ASSIGNMENTS,  ETC. 

days  have  not  elapsed  since  the  performance  and  comple- 
tion of  such  labor  (or  the  furnishing  the  materials.) 

.     Yours,  &c., 
June  13th,  1863.  A.  B. 


Notice  of  Lien  by  other  Person  than  Contractor. 

(As  in  the  last  form  to  the*  and  then  as  follows  :) 
That  the  claim  against  said  C.  D.,  is  for  work  by  me  performed 
as  a  carpenter  and  joiner,  for  three  months'  labor  performed  by 
me  on  said  building  in  pursuance  of  an  agreement  with  A.  B., 
the  contractor,  amounting  to  $150  (or  is  for  a  large  quantity  ol 
lumber  and  building  materials  furnished  for  and  used  in  the 
erection  of  said  house  in  pursuance  of  an  agreement  with  said 

A.  B.  amounting  to  the  sum  of  $75,)  and  that days  have 

not  elapsed  since  the  performance  and  completion  of  said  labor, 
(or  since  the  said  materials  were  furnished.) 
Yours,  &c., 

E.  F. 
June  13,  1863. 

N.  B.  The  number  of  days  (left  blank  in  the  above  Forms,) 
must  be  filled  in,  in  accordance  with  the  requirements  of  the 
Lien  Law  in  each  State,  as  well  as  the  names  of  the  towns  or 
cities  and  counties  in  each  state. 


ASSIGNMENTS.  180 

.Assignment  of  a  Seaman's  Wages. 

To  all  persons  to  whom  these  presents  shall  come,  A,  B.,  of,  &o. 
sends  greeting : 

Know  ye,  that  I,  the  said  A.  B.,  for  and  in  consideration  of  the 
3Um  of — — ,  in  which  I  am  justly  indebted  to  C.  D.,  of,  &c,,  have 
hereby  assigned,  sold,  and  set  over,  and  by  these  presents  I  do 
hereby  assign,  sell,  and  set  over,  unto  the  said  C.  D.,  all  such  sum 
or  sums  of  money  as  are  now  due  and  owing  to  me,  the  said  A.  B., 

for  wages  or  services  on  board  the  ship  or  vessel  called  the  

from  the  master  or  owner  of  said  vessel,  on  board  of  which  vessel 
I  served  as  a  mariner  on  her  voyage  from to ,  which  has  re- 
cently terminated.  And  to  enable  the  said  C.  D.  the  hetter  to  recover 
and  receive  the  same,  I  do  hereby  appoint  him,  the  said  C.  D.,  my  at- 
torney irrevocable,  with  full  power,  in  my  name,  but  at  his  charge, 
to  prosecute  any  and  all  persons  liable  therefor,  and  receive  and 
recover  the  same,  and  give  discharge  therefor. 

[Add  covenants  that  A.  B.  has  not  released,  and  that  he  will  give 
further  assurance.] 

In  witness  whereof,  &c. 

Assignment  by  a  Debtor  to  Trustees, 

FOR  THE  BENEFIT  OF  HIS  CREDITORS. 

THIS  Indenture,  made  the  day  of ,  eighteen  hundred 

and  ,  by  and  between  A.  B.,  of  ,  merchant,  of  the  first 

part,  C.  D.,  of ,  of  the  second  part,  and  the  several  persons, 

creditors  of  the  said  party  of  the  first  part,  who  have  executed  or 
shall  hereafter  execute  or  accede  to  these  presents,  of  the  third 
part,  witnesseth : 

That,  whereas,  the  party  of  the  first  part  is  indebted  to  divers 
persons  in  considerable  sums  of  money,  which  he  is  at  present  un- 
able to  pay  in  full,  and  he  is  desirous  to  convey  all  his  property  for 
the  benefit  of  all  his  creditors,  without  any  preference  or  priority 
other  than  that  provided  by  law  : 

Now,  the  party  of  the  first  part,  in  consideration  of  the  premises, 
and  of  one  dollar  paid  to  him  by  the  party  of  the  second  part,  here- 
by grants,  bargains,  sells,  assigns,  and  conveys,  unto  the  party  of  the 
second  part,  and  his  heirs  and  assigns,  all  his  lands,  tenements,  here- 
ditaments, goods,  chattels,  property,  and  choses  in  action,  of  every 
name,  nature,  and  description,  wheresoever  the  same  may  be,  except 
such  property  only  as  is  exempted  by  law  from  attachment. 

To  have  and  to  hold  the  said  premises  unto  the  said  party  of 
the  second  part,  and  his  heirs  and  assigns , 

But  in  trust  and  confidence,  nevertheless,  to  sell  and  dispose  of 
the  said  real  and  personal  estate,  and  to  collect  the  said  choses  in 
action,  using  a  reasonable  discretion  as  to  the  times  and  modes  of 
soiling  and  disposing  of  said  estate,  as  it  respects  making  Bales  for 


1§0  BILLS    OF    SALE. 

cash  or  on  credit,  at  public  auction  or  by  private  contract,  and 
with  the  right  to  compound  for  the  said  choses  in  action,  taking  a 
part  for  the  whole,  where  the  trustee  shall  deem  it  expedient  so  to 
do ;  then  in  trust  to  dispose  of  the  proceeds  of  the  said  property  in 
the  manner  following,  viz. : 

First,  To  pay  all  such  debts  as  by  the  laws  of  the  United  States 
or  of  this  State  are  entitled  to  a  prelferenoe  in  such  cases ; 

Second,  To  pay  the  costs  and  charges  of  these  presents,  and  the 
expenses  of  executing  the  trusts  declared  in  these  presents  • 

Third,  To  distribute  and  pay  the  remainder  of  the  said  proceed 
to  and  among  all  the  parties  of  the  third  part,  rateably,  in  propor. 
tion  to  their  respective  debts ;  [or,  if  there  is  a  statute  regulating 
the  distribution,  say,]  according  to  the  true  intent  and  meaning  of 
ar  act  entitled  "  An  Act,"  &c. ; 

And,  if  there  should  be  any  surplus,  after  paying  all  the  parties 
of  the  part  in  full,  then  in  trust, 

Fourth,  To  pay  over  such  surplus  to  the  party  of  the  first  part, 
his  executors,  administrators,  or  assigns. 

And  the  party  of  the  first  part  hereby  constitutes  and  appoints 
the  party  of  the  second  part  his  attorney  irrevocable,  with  power 
of  substitution,  authorizing  him,  in  the  name  of  the  party  of  the 
first  part,  or  otherwise,  as  the  cabe  may  require,  to  do  any  and  all 
acts,  matters,  and  things,  to  carry  into  efiect  the  true  intent  and 
meaning  of  these  presents,  which  the  party  of  the  first  part  might 
do  if  personally  present. 

And  the  party  of  the  second  part,  hereby  accepting  these  trusts, 
covenants  to  and  with  each  of  the  other  parties  hereto,  to  execute 
the  same  faithfully. 

And  the  party  of  the  first  part  hereby  covenants  with  the  said 
trustee,  from  time  to  time,  and  at  all  times  when  requested,  to 
give  him  all  the  information  in  his  power  respecting  the  assigned 
property,  and  to  execute  and  deliver  all  such  instruments  of  further 
assurance  as  the  party  of  the  second  part  shall  be  advised  by  coun- 
sel learned  in  the  law  to  be  necessary  in  order  to  carry  into  full 
efiect  the  true  intent  and  meaning  of  these  presents. 

And  the  parties  of  the  third  part,  by  signing  and  sealing  these 
presents,  express  their  assent  to  this  assignment,  and  accept  the 
provision  for  them  made  herein,  pursuant  to  the  statute  aforesaid 

In  testimony  whereof,  &c.,  [as 'in  General  Form  of  Assignment.] 

BILLS  OF  SALE. 

A  PROMISE  to  give  goods  or  chattels,  without  a  consideration  of 
delivery,  is  of  no  effect.  A  bill  of  sale  from  A.  to  B.t  for  the  pur- 
poso  of  avoiding  responsibility  to  C.,  is  fraudulent  and  void. 


BILLS   OP   SA.LE.  191 

If  A.  is  in  debt  to  creditors,  and  continues  to  hold  property  that 
he,  by  a  bill  of  sale,  has  conveyed  to  B.,  fraud  will  be  presumed, 
unless  it  can  be  made  to  appear  by  B.,  before  a  jury,  that  the  sale 
was  made  without  collusion,  secret  or  implied,  and  in  good  faith. 
The  jury  have  the  power  to  determine  the  fairnesss  or  unfairness 
of  the  sale.  A  valuable  consideration,  or  a  legitimate  debt,  must 
be  shown  in  evidence  of  good  faith,  or  the  sale  will  be  ignored. 

A  bill  of  sale  should  be  accompanied  by  a  seal  after  the  nanio 
of  the  assignor,  sealed  instruments  always  having  more  weight  in 
law  than  those  without. 

Common  Bill  of  Sale. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of  the  town  of 

,  in  the  county  of ,  and  State  of ,  of  the  first  part,  for 

and  in  consideration  of  the  sum  of dollars,  lawful  money  of 

the  United  States,  to  me  paid  by  C.  D.,  of,  &c.,  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  have  bargained  and 
sold,  and  by  these  presents  do  grant  and  convey,  unto  the  said 
party  of  the  second  part,  his  executors,  administrators,  and  assigns, 
the  one  equal,  undivided  half  of  six  acres  of  wheat,  now  growing 

on  the  farm  of  0.  S.,  in  the  town  of aforesaid,  one  black  horse, 

two  oxen,  and  forty  sheep,  belonging  to  me,  and  now  in  my  pos- 
session, at  the  place  last  aforesaid :  Jo?*,  u  all  the  goods,  wares, 
merchandise,  chattels,  and  effects  mentioned  and  described  in  the 
schedule  hereunto  annexed,  and  marked  A  ?*)  to  have  and  to  hold 
the  same  unto  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators, and  assigns,  forever.  And  I  do,  for  myself,  m^r  heirs, 
executors,  and  administrators,  covenant  and  agree,  to  and  with  the 
said  party  of  the  second  part,  his  executors,  administrators  and 
assigns,  to  warrant  and  defend  the  sale  of  the  said  property,  goods, 
and  chattels  hereby  made,  unto  the  said  party  of  the  second  part, 
his  executors,  administrators,  and  assigns,  against  all  and  every 
person  and  persons  whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  thig 
day  of ,  one  thousand  eight  hundred  and  sixty. 

Signed,  sealed,  and  delivered  )  A.  B.  [L    s.] 

in  presenc.e  of  ) 

M.  T. 


Bill  of  Sale  of  Goods. 

KNOW  all  men  by  these  presents  that  I,  A.  B.,  of ,  mor« 

chant,  for  and  in  consideration  of  the  sum  of  nine  hundred  dollars* 


192  BONDS. 

to  me  in  hand  paid  by  C.  D.,  of  the  same  place,  at  and  before  the 
scaling  and  delivery  of  these  presents,  (the  receipt  whereof  is  here- 
by acknowledged,)  have  bargained,  sold,  and  delivered,  and  by 
these  presents  do  bargain,  sell,  and  deliver,  unto  the  said  C.  D., 
[here  insert  the  particulars  of  the  goods  sold,  or,  say,  "  all  the 
goods,  wares,  merchandise,  chattels,  and  eifects  mentioned  and  de- 
scribed in  the  schedule  hereunto  annexed,  and  marked  A.';]  To 
have  and  to  hold  the  said  goods  unto  the  said  C.  D.,  his  executors, 
administrators,  and  assigns,  to  his  and  their  own  proper  use  and 
benefit  forever.  And  I,  the  said  A.  B.,  for  myself  and  my  heirs, 
executors,  and  administrators,  will  warrant  and  defend  the  said  bar- 
gained goods  unto  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  from  and  against  all  persons  whomsoever, 
fa  witness,  &c.,  [as  in  Common  Bill  of  Sale.] 


Bill  of  Sale  of  a  Registered  or  Enrolled  Vessel. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c..  owner 

of  the  brig,  or  vessel,  called  the  "  Isabella/'  of  the  burden  of 

tons,  or  thereabouts,  now  lying  at  the  port  of ,  for  and  in  con- 
sideration of  the  sum  of dollars,  lawful  money  of  the  United 

States,  to  me  paid  by  C.  D<,  of  the  place  aforesaid,  the  receipt 
whereof  I  hereby  acknowledge,  have  bargained  and  sold,  and  by 
these  presents  do  bargain  and  sell  unto  the  said  C.  D.,  his  execu- 
tors, administrators,  and  assigns,  all  the  hull  or  body  of  said  brig, 
or  vessel,  together  with  the  masts,  bowsprit,  sails,  boats,  anchors, 
cables,  spars,  and  all  other  necessaries  thereunto  appertaining  and 
belonging :  the  certificate  of  the  registry  of  which  said  brig,  or 
vessel,  is  as  follows,  to  wit :  [copy  certificate  of  registry.]  To  have 
and  to  hold  the  said  brig  or  vessel,  and  appurtenances  thereunto 
belonging,  unto  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  to  his  and  their  proper  use,  benefit,  and  behoof  forever. 
And  I  do  for  myself,  my  heirs,  executors,  and  administrators,  cov- 
enant and  agree,  to  and  with  the  said  C.  D.,  his  executors,  admin- 
istrators, and  assigns,  to  warrant  and  defend  the  said  brig,  or  vessel, 
and  all  the  before-mentioned  appurtenances,  against  all  and  every 
person  and  persons  whomsoever. 

In  witness,  &c.,  [as  in  Common  Bill  of  Sale.] 


BONDS. 

A  bond  is  the  acknowledgment  of  a  debt,  duty,  or  obligation 
and  it  is  immaterial  what  mode  of  expression  is  used,  provided  the 
language  be  sufficient  to  establish   an  acknowledgment  of  a  debt 


BONDS.  198 

All  persons  legally  capable  of  making  a  contract,  ma\  bind  them- 
selves in  a  bond. 

Payment  may  be  pleaded  in  an  action  on  a  bond  for  the  payment 
of  money,  though  not  made  strictly  according  to  the  condition ; 
and  if  the  amount  due  thereon  be  paid  after  the  commencement  of 
suit,  and  before  judgment,  the  action  will  be  discontinued. 

The  sum  equitably  due,  by  virtue  of  the  condition  of  a  bond,  may 
Do  set  off  in  any  action  where  a  set-off  is  allowed. 

A  bond  required  by  law  to  be  given,  will  be  deemed  sufficient, 
if  it  conform  substantially  to  the  form  thereof  prescribed  by  the 
statute,  and  do  not  vary  in  any  matter,  to  the  prejudice  of  the 
rights  of  the  party  to  whom,  or  for  whose  benefit,  such  bond  shall 
be  given. 

The  amount  of  the  judgment  rendered  on  a  bond  conditioned 
for  the  payment  of  money,  is  the  penal  sum,  which  is  usually 
double  the  amount  of  the  condition,  in  order  to  cover  interest  and 
costs. 

A  joint  and  several  bond  and  warrant  of  attorney,  signed  by 
three  persons,  will  not  authorize  a  separate  judgment  against  one 
but  only  a  joint  judgment  against  all. 

An  action  on  a  sealed  instrument  must  be  brought  within  twenty 
years  after  a  right  of  action  accrues. 

A  bottomry  bond  is  an  obligation  founded  on  the  joint  security  of 
a  ship  and  its  owners,  and  given  for  money  borrowed,  which  is  to 
be  repaid  on  the  successful  termination  of  a  voyage.  At  home,  the 
bond  is  executed  by  the  owners,  or  the  master,  as  their  agent.  In 
a  foreign  country,  the  master  has  full  authority  to  bind  the  owners, 
and  pledge  the  ship  and  cargo,  by  a  bottomry  bond,  in  cases  of  ne- 
cessity. Any  amount  of  interest  may  be  exacted,  so  long  as  the 
sea  risk  continues,  irrespective  of  the  usury  laws ;  but  when  that 
terminates,  the  obligation  will  only  draw  legal  interest.  Respon- 
dentia  is  a  contract  similar  to  bottomry,  except  that  the  loan  ia 
made  upon  tbe  chance  of  the  safe  arrival  of  the  cargo.  Like  bot- 
tomry, it  is  uaad  in  cases  of  emergency 

Common  Bond,  with  Condition. 

KNOW  all  men  by  these  presents  :  That  I,  A.  B.,  of  the  town  of 
— ,  in  tho  county  of ,  and  State  of  New- York,  am  held  and 


I(H  BONDS. 

Snnly  lound  unto  C  D.,  of,  t%c.,  in  the  sum  of  one  thousand  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  C.  D, 
his  executors,  administrators,  or  assigns :  for  which  payment,  well 
and  truly  to  be  made,  I  bind  myself,  my  heirs,  executors,  and  ad- 
ministrators, firmly  by  these  presents. 

Sealed  with  my  seal.     Dated,  the day  of ,  one  thousand 

eight  hundred  and . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  A.  B.,  his  heirs,  extcutors,  or  administrators,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above  named  C.  D.,  hia 
executors,  administrators,  or  assigns,  the  just  and  full  §um  of  five 
hundred  dollars,  in  five  equal  annual  payments,  from  the  date  here- 
of, with  annual  inti^est,  then  the  above  obligation  to  be  void ;  other- 
wise to  remain  in  fih.1  force  and  virtue. 

Sealed  and  delivered  )  A.  B.  [L.  s.] 

in  presence  of 

G.  H. 


Bond— Several  Payments. 

KNOW  all  men  by  these  presents  :  «fcc.,  [as  in  Common  Bond,  end 
tktn  add  :\  the  just  and  full  sum  of  five  hundred  dollars  :  in  man- 
ner following,  that  is  to  say  :  the  sum  of  one  hundred  dollars  on 

the  tenth  day  of next ;  the  sum  of  two  hundred  dollars  on 

the day  of ,  IS — ;  and  the  remaining  sum  of  two  hun- 
dred dollars  in  one  year  from  the  said  last  mentioned  date,  together 
with  the  legal  interest  on  the  whole  sum  remaining  unpaid  at  the 
time  of  each  pavment :  then  the  above  obligation  to  be  void ;  else 
to  remain  in  lull  force  and  virtue. 

Sealed,  Ac.,  [a*  in  Common  Band.] 

Bond,  with  Interest  Condition. 

KNOW  all  men  by  these  presents:  Ac.,  [as  in  Common  Bond,  and 
then  add  :]  the  just  and  full  sum  of  five  hundred  dollars,  on  the 
day  of ,  in  the  year  of  our  Lord,  IB—,  and  the  legal  in- 
terest thereon,  to  b«  computed  from  the  day  of  the  date  hereof!  and 
to  be  be  paid  semi-annually,  on  the  second  *day  of  January  ana*  the 
first  day  of  July,  in  each  and  every  year  j  then  the  above  obliga- 
tion to  be  void :  else  to  remain  in  "full  force  and  virtue.  And  it  is 
hereby  expressly  agreed,  that  should  any  default  be  made  in  the 
payment  of  said  interest,  or  of  any  part  thereof,  on  any  day  where- 
on the  same  is  made  payable,  as  above  expressed,  and  should  the 
same  remain  unpaid  and  in  arrear  for  the  space  of  sixty  days,  then, 
and  from  thenceforth,  that  is  to  say,  after  the  lapse  of  the  said  six- 
ly  days,  the  aforesaid  principal  sum  of  five  hundred  dcllart  with 


BONIW.  105 

all  arrearages  of  interest  thereon,  shall,  at  the  option  of  the  said 
C.  D.,  bis  executors,  administrators,  or  assigns,  become  and  be  due 
and  payable,  immediately  thereafter,  although  the  period  above 
limited*  for  the  payment  thereof  may  not  then  have  expired  ;  any 
thing  herein  before  contained  to  the  contrary  thereof,  in  any  wise 
notwithstanding. 
Sealed,  &c.,  [as  in  Common  Bond.] 


Bond  to  a  Corporation. 

KNOW  all  men  by  these  presents  :  That  I,  A.  B.,  of,  &c.,  am  held 

and  firmly  bound  unto  the Insurance  Company,  in  the  sum  of 

one  thousand  dollars,  lawful  money  of  the  United  States,  to  be  paid 
to  the  said Insurance  Company  or  assigns  j  for  which  pay- 
ment, well  and  truly  to  be  made,  1  bind  myself,  my  heirs,  executors 
and  administrators,  firmly  by  these  presents. 

Sealed  with  my  seal.  Dated  the day  of ,  one  thousand 

eight  hundred  and . 

The  condition  of  the  above  obligation  is  such,  that  if  tne  above 
bounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  well 
and  truly  pay  or  cause  to  be  paid,  unto  the  above  named  In- 
surance Company,  or  assigns  the  just  and  full  sum  of,  &c.,  \as  in 
Common  Bond.} 


Bond  to  Executors. 

KNOW  all  men  by  these  presents :  That  I,  A.  B.;  of,  &c.,  am  held 
and  firmly  bound,  unto  E.  F.  and  L.  M.,  of,  &c.,  executors  of  the 
last  will  and  testament  of  S.  T.,  deceased,  late  of,  &c.,  in  the  sum 
of  one  thousand  dollars,  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  E.  F.  and  L.  M.,  executors  as  aforesaid,  the  survi- 
vors, or  survivor,  or  his  or  their  assigns  ;  for  which  payment,  well 
and  truly  to  be  made,  I  bind  myself,  my  heirs,  executors  and  ad- 
ministrators, firmly  by  these  presents. 

Sealed  with  my  seal  Dated  the day  of ,  one  thousand 

eight  hundred  and . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
oounden  A.  B.,  his  heirs,  executors,  or  administrators,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  above  named  E.  F.  and 
L.  M.,  executors  as  aforesaid,  the  survivors,  or  survivor,  or  his  or 
their  assigns,  the  just  and  full  sum  of,  &c.,  [as  in  Common  Bond.] 


Legatee's  Bond. 

KNOW  all  men  by  these  presents :  T'nat  we,  A.  B.  and  C.  D.,  of, 
&c.«  are  held  and  firmly  bound  unto  E  F.  and  L.  M.,  of,  &o.,  oxeou- 


196  BONDS 

tors  of  tlto  last  will   and  testament  of  S.  T.  deceased,  late  of  the 

town  of ,  in  the  sum  of  one  thousand  dollars,  lawful  money  of 

the  United  States,  to  be  paid  to  the  said  E.  F.  and  L.  M.,  execu- 
tors, as  aforesaid,  the  survivors,  or  survivor,  or  his  or  their  assigns, 
for  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  and  each  of  our  heirs,  executors  and  administrators;  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals.     Dated  the day  of  ,   one  thou 

sand  eight  hundred  and . 

Whereas,  in  and  by  the  last  will  and  testament  of  the  said  S.  T., 
ieceased,  a  legacy  of  one  hundred  dollars  is  bequeathed  to  the 
is.aid  A.  B.,  which  has  been  paid  to  him  by  the  said  E.  F.  and  L.  M.; 
executors  as  aforesaid  : 

Now  the  condition  of  this  obligation  is  such,  that  if  any  debts 
against  the  deceased,  above  named,  shall  duly  appear,  and  which 
there  shall  be  no  other  assets  to  pay,  and  if  there  shall  be  no  other 
assets  to  pay  other  legacies,  or  not  sufficient,  that  then  the  said  A 
B.  shall  refund  the  legacy  so  paid,  or  such  rateable  proportion 
thereof,  with  the  other  legatees  of  the  deceased,  as  may  be  neces- 
sary for  the  payment  of  such  debts,  and  the  proportional  parts  of 
other  legacies,  If  there  be  any,  and  the  costs  and  charges  incurred 
by  reason  of  the  payment  of  the  said  A.  B. ;  and  that  if  the  pro- 
bate of  the  will  of  the  said  deceased  be  revoked,  or  the  will  de- 
clared void,  then  the  said  A.  B.  shall  refund  the  whole  of  the  lega- 
cy, with  interest,  to  the  said  E.  F.  and  L.  M.,  their  executors,  admin- 
istrators,  or  assigns. 

Sealed,  &c.,  las  in  Common  Bond.]  A.  B.  [L.  s.l 

C.  D.  [L.  s.] 

Indemnity  Bond  to  Sheriff. 

KNOW  all  men  by  these  presents  ;  That  we,  A.  B.,  L.  G.,  and  H. 
R.,  are  held  and  firmly  bound  unto  C.  D.,  Sheriff  of  the  county  of 

;  Whereas  the  above  bounden  A.  B  did  obtain  a  judgment  in 

the  Supreme  Court  of  the  State  of  New  York,  on  the day  of 

-,  18 — ,  against  E.  F.,  for dollars  and cents,  damages 

and  costs,  whereupon  execution  has  been  issued,  directed  and  de- 
livered to  the  «aid  C.  D.,  Sheriff,  as  aforesaid,  commanding  him, 
that  of  the  goods  and  chattels  of  the  said  E.  F.,  he  should  cause  to 
be  made  the  damages  and  costs  aforesaid.  And,  whereas,  certain 
goods  and  chattels  that  appear  to  belong  to  the  said  E.  F.,  are 
claimed  by  L.  M.,  of,  &c. :  Now,  therefore,  the  condition  of  this  ob- 
ligation is  such,  that  if  the  above  bounden  A.  B.  shall  well  and 
truly  keep  and  bear  harmless,  and  indemnify  the  said  C.  D.,  Sheriff 
as  aforesaid,  and  all  and  every  person  and  persons  aiding  and  as- 
sisting him  in  the  premises,  of  and  from  all  harm,  let,  trouble, 
damages,  costs,  suits,  actions,  judgments,  and  executions,  that  shall^ 
or  may,  at  any  time  arise,  come,  01  be  brought  against  him,  them. 


BONDS.  197  . 

or  any  of  them,  as  well  for  the  levying  and  making  sale,  under  and 
ly  virtue  of  such  execution,  of  all  or  any  goods  and  chattels  which 
he  or  they  shall  or  may  judge  to  belong  to  the  said  E.  F.,  as  for 
entering  any  shop,  store,  building,  or  other  premises,  for  the  taking 
of  auy  such  goods  and  chattels,  then  this  obligation  to  be  void; 
else  to  remain  in  full  force  and  virtue. 
Sealed,  &c.,  [as  in  Common  Bond.] 

Bond,  with.  Warrant  of  Attorney  to  confess  Judgment. 

KNOW  all  men,  &c.,  [as  in  Common  Bond,  and  then  add  :]  tho 
just  and  full  sum  of  five  hundred  dollars,  on  demand,  then  the 
above  obligation  to  be  void  •  else  to  remain  in  full  force  and  virtue. 

Sealed,  &c.,  [as  in  Common  Bond.]  A.  B.  [L.  s.j 

Whereas  I,  A.  B.,  of,  &c.,  am  held  and  firmly  bound  unto  C.  D., 
of,  &c.,  by  a  certain  bond  or  obligation,  of  this  date,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  for  the  payment  of  five 
hundred  dollars,  on  demand :  Now,  therefore,  I  do  authorize  and 
empower  any  attorney,  in  any  court  of  record  in  the  State  of  New- 
York,  to  appear  for  me  at  the  suit  of  the  said  obligee,  or  his  rep- 
resentatives, in  an  action  of  debt,  and  confess  judgment  against 
me  upon  the  said  bond  or  obligation,  or  for  so  much  money  bor- 
rowed, of  any  term,  or  vacation  of  term,  antecedent  or  subsequent 
to  this  date  •  and  to  release  to  the  said  obligee  all  errors  that  may 
intervene  in  obtaining  said  judgment,  or  in  issuing  execution  on  the 
same. 

Signed  and  sealed  this day  of — — ,  A.  D.,  18 — . 

In  presence  of  )  A.  B.  [L.  s.l 

G.  H.      j 

Bond  to  execute  a  Conveyance, 

Know  all  men,  &c.,  [as  in  Common  Bond  to  the  condition,  and 
then  add :]  The  condition  of  the  above  obligation  is  such,  that  if 

the  above  bonnden  A.  B.,  on  or  before  the day  of  next, 

or,  in  case  of  his  death  before  that  time,  if  the  heirs  of  the  said 
A.  B.,  within  three  months  after  his  decease,  (if  such  heirs  shall 
then  be  of  full  age,  or,  if  within  age,  then  within  three  months  af- 
ter such  heirs  shall  be  of  full  age,)  shall  and  do,  upon  the  reason 
ible  request,  and  at  the  cost  and  charge  of  the  said  C.  D.,  his  heirs 
or  assigns,  make,  execute,  and  deliver,  or  cause  so  to  be,  a  good 
%-nd  sufficient  warranty  deed,  in  fee  simple,  free  from  all  incum- 
brance,  and  with  the  usual  covenants,  of  the  following  described 
premises,  to  wit:  all,  &c.,  [describe  the  premises  :]  then  the  above 
3biigation  to  be  void  ;  else  to  remain  in  full  force  and  virtue.* 

Sealed,  &c.,  [as  in  Common  Bond.] 

*  Tbe  a'x>ve  form  may  be  readily  varied,  if  tiie  condition  should  be  to  procure  an  heif 
at  Ivw  to  convey,  when  of  age  ;  and  a  clause  may  be  added  to  warrant  and  defend  the 
i  the  quiet  enjoyment  of  the  premises,  until  such  conveyance  be  executed* 


198  BONDS. 

Bond  of  an  Officer  of  a  Bans,  or  Company. 

Know  all  men,  &c. :  [as  in  Bond  to  a  Corporation,  substituting 
the  name  of  the  bank  for  that  of  the  company,  if  necessary,  and  then 
add:]  Whereas  the  above  boundeu  A.  B.  has  been  chosen  and  ap- 
pointed cashier,  [or,  teller,  or,  treasurer,  as  the  case  may  be,]  of  the 

•  Company  ;  [or,  bank ;]  by  reason  whereof  divers  sums  of 

money,  goods  and  chattels,  and  other  things,  the  property  of  the 
said  company,  [or,  bank,]  will  come  into  his  hands:  Now,  there- 
fore, the  condition  of  the  above  obligation  is  such,  that  if  the  said 
A.  13.,  his  executors,  or  administrators,  at  the  expiration  of  his  said 
office,  upon  request  to  him  or  them  made,  shall  make  or  give  unto 
the  said  company  [or,  bank,]  or  their  agent,  or  attorney,  a  just  and 
true  account  of  all  such  sum  or  sums  of  money,  goods  and  chattels, 
and  other  things,  as  have  come  into  his  hands,  charge,  or  posses- 
sion, as  cashier,  for,  teller,  or,  treasurer,]  as  aforesaid,  and  shall  and 
do  pay  and  deliver  over  to  his  successor  in  office,  or  any  other  per 
son  duly  authorized  to  receive  the  same,  all  such  balances,  or  sums 
of  money,  goods  and  chattels,  and  other  things,  which  shall  appear 
to  be  in  his  hands,  and  dus  by  him  to  the  said  company ;  [or,  bank  ;] 
and  if  the  said  A.  B-  shall  well  and  truly,  honestly  and  faithfully, 
in  all  things,  serve  the  said  company,  [or,  bank.]  in  the  capacity  of 
cashier,  [or,  teller,  or,  treasurer,]  as  aforesaid,  during  his  continu- 
ance in  office,  then  the  above  obligation  to  be  void :  else  tc  remain 
in  full  force  and  virtue. 

Sealed,  &c.,  [as  in  Common  Bond.] 

Bond  of  Indemnity  to  a  Surety  in  a  Bond. 

Know  all  men,  &c. :  [05  in  Common  Bond  to  the  condition,  and 
then  add  :]  Whereas  the  said  C.  D.,  at  the  special  instance  and  re- 
quest of  the  above  bounden  A.  B..  has  bound  himself,  together 
with  the  said  A.  B.,  unto  one  E.  F.,  of,  &c.,  in  a  certain  obligation, 
bearing  even  date  herewith,  in  the  penal  sum  of  one  thousand  dol- 
lars, lawful  money  of  the  United  States,  conditioned  for  the  pay- 
ment of  the  sum  of  five  hundred  dollars,  due  and  owing  by  tho 
said  A,  B.  to  the  said  E.  F.,  on,  &c. :  fos  in  the  bond  ;  or,  if  a  bail 
bond  be  referred  to,  say — conditioned  for  the  appearance  of  the 
Baid  A.  B.,  &c. :  or,  conditioned  that  the  said  A.  B.  shall  put  in 
special  bail,  &c.  ]  Now,  therefore,  the  condition  of  the  above  ob 
ligation  is  such,  that  if  the  said  A.  B.  shall  well  and  truly  perform 
and  fulfil  the  condition  of  the  said  bond  executed  to  the  said  E. 
F.,  in  manner  and  form  as  he  is  therein  required  to  do,  and  at  all 
times  hereafter  save  harmless  the  said  C.  D.,  his  heirs,  executors 
and  administrators,  of  and  from  the  said  obligation,  and  of  and 
from  all  actions,  cosks  and  damages,  for  or  by  reason  thereof,  then 
this  obligation  to  be  void  ;  else  to  remain  in  full  force  and  virtue 
Sealed,  &c.,;  [as  in  Common  Bond.] 


BONDS  1 99 

Bond  of  Indemnity  on  paying  Lost  Note. 

Know  all  men,  &c. ;  [asm  Common  Bond  :\  Whereas,  the  said  C 

D.,  on  the day  of ,  18 — ,  did  make,  execute  and  delivor 

unto  the  above  bounden  A.  B.,  for  a  valuable  consideration,  hia 
promissory  note,  for  the  sum  of  one  hundred  dollars,  written  duo 
and  payable,  on  or  before  the day  of ,  then  next,  with  in- 
terest, which  said  promissory  note  the  said  A.  B.?  since  the  delivery 
of  the  same  to  him,  as  aforesaid,  has  in  some  manner,  to  him  un 
known,  lost  out  of  his  possession ;  and  whereas  the  said  0.  D.  hath 
thi«  day  paid  unto  the  said  A.  B.  the  sum  of  dollars,  the  re- 
ceipt whereof  the  said  A.  B.  doth  hereby  acknowledge,  in  full  sat- 
isfaction and  discharge  of  the  said  note,  upon  the  promise  of  the 
said  A.  B.  to  indemnify  and  save  harmless  the  said  C.  D.  in  the 
premises,  and  to  deliver  up  the  said  note,  when  found,  to  the  said 
C.  D.,  to  be  cancelled  :  Now,  therefore,  the  condition  of  this  obli- 
gation is  such,  that  if  the  above  bounden  A.  B.,  his  heir&,  execu 
tors,  or  administrators,  or  any  of  them,  do  and  shall,  at  all  times 
hereafter,  save  and  keep  harmless  the  said  C.  D.,  his  heirs,  execu- 
tors, and  administrators,  of,  from,  and  against  the  promissory  note 
aforesaid,  and  of  and  from  all  costs,  damages  and  expenses,  that 
shall  or  may  arise  therefrom  j  and  also  deliver,  or  cause  to  be  de- 
livered up  the  said  note,  when  found,  to  be  cancelled,  then  this 
obligation  to  be  void ;  else  to  remain  in  full  force  and  virtue. 

Sealed,  &c.,  [as  in  Common  Bond.] 

Bond  for  Performance,  to  be  endorsed  on  a  Contract  or 
Agreement. 

Know  all  men,  &c. :  [as  in  Common  Bond :]  The  condition  of 
his  obligation  is  such,  that  rf  the  above  bounden  A.  B.,  his  execu- 
ors,  administrators,  or  assigns,  shall,  in  all  things,  stand  to  and 
abide  by,  and  well  and  truly  keep  and  perform,  the  covenants,  con- 
ditions and  agreements  in  the  within  instrument  contained,  on  hia 
or  their  part  to  be  kept  and  performed,  at  the  time,  and  in  the  man- 
ner and  form  therein  specified,  then  the  above  obligation  shall  be 
?oid  ;  else  to  remain  in  full  force  and  virtue. 

Sealed,  &c.,  [as  in  Common  Bond.  ] 

Bottomry  Bond. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  master,  and  one 
third  owner  of  the  ship  Isabella,  for  myself  and  C.  D.,  who  owns 
the  other  two  thirds  of  said  ship,  am  held  and  firmly  bound  unto 
E.  F.,  in  the  penal  sum  of  two  thousand  dollars,  lawful  money,  for 
the  payment  of  which  to  the  said  E.  F.,  his  heirs,  executors,  ad- 
ministrators, or  assigns,  I  hereby  bind  myself,  my  heirs,  executors 
and  administrators,  firmly  by  these  presents. 

Sealed  with  my  seal.     Dated,  the day  of A.  D.,  18 — . 

Whereas  the  above  bounden  A.  B.  hath  taken  up  and  received 


200  CnAITEL   MORTGAGES. 

of  the  said  E.  F.  the  just  and  full  sum  of  one  thousand  dollars, 
which  sum  is  to  run  at  respondent,  on  the  block  and  freight  of  the 
said  Isabella,  whereof  the  said  A.  B.  is  now  master,  from  the  port 

of ,  on  a  voyage  to  the  port  of  ,  having  permission  to 

touch,  stay  at,  and  proceed  to  call,  at  all  ports  and  places  within 

the  limits  of  the  voyage,  at  the  rate  of  premium  of per  cent, 

for  the  voyage  :  In  consideration  whereof,  usual  risks  of  the  sea, 
rivers,  enemies,  fires,  pirates,  &c.,  are  to  be  on  account  of  the  said 
E.  F.  And  for  further  security  of  the  said  E.  F.,  the  said  A.  B. 
doth,  by  these  presents,  mortgage  and  assign  over  to  the  said  E. 
F.,  his  heirs,  executors,  administrators,  and  assigns,  the  said  ship 
Isabella  and  her  freight,  together  with  oil  her  tackle,  apparel,  &c. : 
And  it  is  hereby  declared,  that  the  said  ship  Isabella,  and  her 
freight,  is  thus  assigned  over  for  the  security  of  the  respondentia 
taken  up  by  the  said  A.  B.,  and  shall  be  delivered  to  no  other  use 
or  purpose  whatever,  until  payment  of  this  bond  is  first  made,  with 
the  premium  that  may  become  duo  thereon. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if 
the  above  bounden  A.  B.,  his  heirs,  executors,  or  administrators, 
shall  and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 
E.  F.,  or  to  his  attorneys,  legally  authorized  to  receive  the  same, 
his  or  their  executors,  administrators,  or  assigns,  the  just  and  full 
sum  of  one  thousand  dollars,  being  the  principal  of  this  bond,  to- 
gether with  the  premium  which  shall  become  due  thereon,  at  or  be 
fore  the  expiration  of  twenty  days  after  the  arrival  of  the  ship  Isa- 
bella at  the  port  of • ;  or,  in  case  of  the  loss  of  the  said  ship, 

such  an  average  as  by  custom  shall  have  become  due  on  the  sal- 
vage, then  this  obligation  is  to  be  void ;  otherwise  to  remain  in 
full  force  and  virtue. 

Having  signed  to  three  bonds  of  the  same  tenor  and  date,  the 
one  of  which  being  accomplished,  the  other  two  to  be  void  and  of 
no  effect. 

Sealed  and  delivered, )  A.  B.,  for  self  and  C.  D.  [L.  s.] 

in  presence  of 

G.  H. 


CHATTEL  MORTGAGES. 

A  CHATTEL  mortgage  from  A.  to  B..  if  not  accompanied  by  im- 
mediate delivery  of  the  property,  will  be  void  to  A.'s  creditors 
unless  the  mortgage,  or  a  true  copy,  be  filed  in  the  Clerk's  or  Re- 
gister's office  of  the  town,  city,  or  county,  where  A.  resides,  and 
where  the  property  lies  at  the  time  of  the  execution  of  the  instru- 
ment. The  creditors  have  the  right  to  test  the  good  faith  of  tho 
mortgage  before  a  jury,  and  if  collusion  can  be  shown,  ifc  will  bo 


CHATTEL   MORTGAGES.  201 

annulled.  Until  forfeiture  by  non-performance  on  the  part  of  A. 
to  comply  with  the  conditions  of  the  mortgage,  his  interest  in  it 
may  be  levied  on  and  sold  by  creditors  under  an  execution.  Where 
no  time  is  specified  in  the  mortgage,  seven  days'  notice  of  the  sale 
is  sufficient. 


Bill  of  Sale  and  Chattel  Mortgage. 

KNOW  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  in  con- 
sideration of  one  dollar  to  me  paid  by  C.  D.,  of,  &c.,  the  receipt 
whereof  I  hereby  acknowledge,  have,  and  by  these  presents  do 

g.-ant,  bargain,  sell,  assign,  transfer,  and  set  over,  unto  the  said  C 
.  and  his  assigns,  forever,  the  following  goods,  chattels,  and  prop 
erty,  to  wit:  [specify  the  articles,  or,  "as  in  the  schedule  annexed 
and  marked  A.7;]  Whereas  I,  the  said  A.  B.,  am  justly  indebted 
to  the  said  C.  D.  in  the  sum  of  one  hundred  and  fifty  dollars,  o-n 
account,  for  money  had  and  received,  and  goods  sold  and  delivered, 

[or,  on  a  promissory  note,  dated,  &c.,  and  due months  from 

date,]  to  be   paid  to  the  said  C.  D.,  or  his  assigns,  on  the 

day  of ,  18 — ,  with  the  legal  interest  thereon  from  the  day 

of  the  date  hereof. 

Now,  the  condition  of  the  above  bill  of  sale  is  such,  that  if  the 
said  A.  B.  shall  well  and  truly  pay  to  the  said  C.  D.,  or  to  his 
agent,  attorney,  or  assignee,  the  above-mentioned  demand,  [or,  de- 
mands,] at  the  time,  and  in  the  manner  and  form  above  expressed, 
and  shall  keep  and  perform  the  covenants  and  agreements  above 
contained,  on  his  part  to  be  kept  and  performed,  according  to  the 
true  intent  and  meaning  thereof,  then  the  above  bill  of  sale  shall 
be  void :  Otherwise,  on  the  neglect  and  failure  of  the  said  A.  B.  to 
pay  the  said  demand,  [or,  demands,]  or  to  keep  and  perform  the 
said  covenants  and  agreements  as  above  expressed,  then,  and  in 
that  case,  the  said  C.  D.  and  his  assigns  are  hereby  authorized  and 
empowered  to  sell  the  above  described  goods,  chattels,  and  prop- 
erty, [or,  the  goods,  &c.,  described  in  the  schedule  hereunto  an- 
nexed, as  aforesaid,]  or  any  part  thereof,  at  public  or  private  sale, 
at  his  or  their  option,  and  to  retain  from  the  proceeds  of  such  sale, 
in  his  or  their  hands,  sufficient  to  pay  and  satisfy  the  whole  amount 
of  the  above-mentioned  demand,  [or,  demands,]  with  the  legal 
interest  thereon,  which  shall  be  due  at  the  time  of  such  sale,  and 
all  costs,  charges,  and  expenses  incurred  by  the  said  C.  P.,  or  his 
assigns,  in  consequence  of  the  neglect  and  failure  of  the  said  A.  B., 
as  aforesaid  ;  rendering  the  .overplus,  if  any,  to  the  said  A.  B.,  or 
to  his  heirs,  executors,  administratoi-s,  or  assigns,  on  demand.  [The 
eaid  C.  D.  and  his  assigns  are  hereby  authorized,  for  further  secu- 
rity, to  take  the  said  goods,  chattels,  and  property,  into  his  or  their 
possession,  at  any  time  he  or  they  may  think  proper.] 


202  CHATTEL   MORTGAGES. 

In  witness  whereof,  I  have  h3reunto  set  my  hand  and  seal,  this 

•  •    -  day  of ,  in  the  year  one  thousand  eight  hundred  and  sixty. 

Scaled  and  delivered  )  A.  B.    [SEAL.] 

in  presence  of         ) 


Common  Chattel  Mortgage. 

THIS  Indenture,  made  the  day  of,  &c.,  between  A.  B.,  of, 

&c.,  of  the  first  part,  and  C.  D.,  of,  &c.,  of  the  second  part,  wit- 
cesseth  :  That  the  said  party  cf  the  first  part,  in  consideration  of 

the  sum  of dollars,  to  him  duly  paid,  hath  sold,  and  by  these 

presents  doth  grant  and  convey,  to  the  said  party  of  the  second 
part,  and  his  assigns,  the  following  described  goods,  chattels,  and 
property,  [here  describe  them,  or  refer  to  them  thus-,  '•'  as  in  the 

schedule  annexed,"]  now  in  my  possession,  at  the  of 

aforesaid;  together  with  the  appurtenances,  and  all  the  estate, 
title,  an$  interest  of  the  said 'party  of  the  first  part  therein.  This 
grant  is  intended  as  a  security  for  the  payment  of  one  hundred  and 
fifty  dollars,  with  interest,  on  or  before  the  expiration  of  one  year 
from  the  date  hereof;  ani  the  additional  sum  of  one  hundred  and 

sixty  dollars,  with  interest,  on  the day  of ,  18 — :  which 

payments,  if  duly  made,  will  render  this  conveyance  void. 

In  witness,  &c.,  [as  in  Bill  of  Sale  and  Chattel  Mortgage.] 


CONDITIONAL  CLAUSE  AS  TO  POSSESSION. 

PROVIDED,  nevertheless,  [or,  And  provided  also,]  that,  until  do- 
fault  by  the  party  of  the  first  part  in  the  performance  of  the  con- 
ditions aforesaid,  it  shall  and  may  be  lawful  for  him  to  keep  pos- 
session of  the  property  above  mentioned  and  described,  and  to  uso 
and  enjoy  th*-  same;  but  if  the  said  party  of  the  first  part  shall 
attempt  to  sell  the  same,  or  any  part  thereof,  or  to  remove  tho 

same  out  of  the  county  of ,  without  notice  to  the  said  party  of 

the  second  part,  or  his  assigns,  and  without  his,  or  their,  assent  to 
such  sale  or  removal,  to  be  expressed  in  writing,  then  it  shall  bo 
lawful  for  the  said  party  of  the  second  part,  or  his  assigns,  to  take 
immediate  possession  of  the  whole  of  said  property,  to  his,  or  their 
own  uso. 


Chattel  Mortgage  to  Secure  a  Debt. 

WHEREAS  I,  A.  B.,  of  the  town  of ,  in  the  county  of -t 

ani  State  of  ,  am  justly  indebted  unto  C.  D.,  of,  <fcc.,  in  the 

sum  of dollars,  on  account,  to  be  paid  on  or  before  the 

day  of next,  with  interest  from  this  date  :  New,  therefore,  k 

consideration  of  such  indebtedness,  and  in  order  to  secure  tho 


CHATTEL  MORTGAGES.  203 

ment  of  the  same,  as  aforesaid,  I  do  hereby  sell,  assign,  transfer 
and  set  over,  unto  tho  said  C.  IX,  the  property  mentioned  and  de 
scribed  in  the  schedule  hereinuuder  written;  Provided,  however, 
that  if  the  said  debt  and  interest  be  paid,  as  above  specified,  this 
gale  and  transfer  shall  be  void ;  and  this  grant  is  also  subject  to 
tho  following  conditions  : 

The  property  hereby  sold  and  transferred  is  to  remain  in  my 
possession  until  default  be  made  in  the  payment  of  the  debt  and 
interest  aforesaid,  or  some  part  thereof  unless  I  shall  sell,  or  at- 
tempt to  sell,  assign,  or  dispose  of,  the  said  property,  or  any  part 
thereof  or  suffer  the  same  unreasonably  to  depreciate  in  value-, 
in  which  case  the  said  0.  D.  may  take  the  said  property,  or  any 
part  thereof,  into  his  own  possession. 

Upon  taking  said  property,  or  any  part  thereof,  into  his  posses- 
sion, either  in  case  of  default,  or  as  above  provided,  the  said  C. 
D.  shall  sell  the  same  at  public  or  private  sale ;  and  after  satisfy- 
ing the  aforesaid  debt  and  the  interest  thereon,  and  all  necessary 
and  reasonable  costs,  charges  and  expenses,  incurred  by  him,  out 
of  the  proceeds  of  such  sale,  he  shall  return  the  surplus  to  me  or 
my  representatives. 

In  witness,  (fee.,  [as  in  Bill  of  Sale  and  Chattel  Mortgage.] 


STATEMENT    TO    BE    FILED   WITH    THE  COPY,    WITHIN   THIRTY    DAYS 
PRECEDING  THE  EXPIRATION  OF  THE  YEAR. 

COUNTY,  TOWN  OF ,  ss. 

I,  C.  D.,the  mortgagee,  [or,  E.  F.,  the  assignee  of  C.  D.,  the  mort- 
gagee,] named  in  the  within  [or,  annexed]  instrument,  do  hereby 
certify,  that  the  sum  of  ninety-seven  dollars  and  ten  cents  is  claimed 
by  me  to  be  due  thereupon,  at  the  date  hereof;  which  sum  con- 
stitutes the  amount  of  my  interest  in  the  property  therein  men- 
tioned and  described.  Dated  the day  of ,  18 — . 

In  presence  of  )  C.  D.,  Mortgagee, 

F.  E.  )  [or,  M.  L.  Assignee.] 


Notice  of  Sale  on  Chattel  Mortgage. 

MORTGAGE   SALE. 

BY  virtue  of  a  chattel  mortgage  executed  by  A.  B.  to  C.  D.,  dated 

the day  of ,  18 — ,  and  filed  in  the  office  of  the  Register 

of  the  city  of ,  [or  the  County  Clerk  of  the  county  of :  or, 

the  Town  Clerk  of  the  town  of ,]  on  the day  of ,  in 

the  year  aforesaid,  and  upon  wbich  default  has  been  made,  I  shall 
soil  tho  property  therein  mentioned  and  described,  viz. :  [mention 


204  PATENTS. 

t he  articles,]  at  public  auction,  at  the  house  of ,  in  the  city 

[or,  town]  of •  aforesaid,  on  the day  of  • instant,  [or 

next,]  at  ten  o'clock  in  the  forenoon  of  that  day.     Dated  at , 

the day  of .  C.  D.,  Mortgagee, 

[or,  M.  L.,  Assignee.] 


PATENTS. 


THE  American  Patent  Laws  are  of  the  most  liberal  character, 
being  especially  designed  to  encourage  the  invention  and  public 
introduction  of  new  and  useful  improvements  of  every  kind. 
Under  the  fostering  influence  of  these  laws,  the  industrial  resources 
of  the  nation  have  become  most  wonderfully  developed ;  and 
there  is  scarcely  a  trade,  art  or  profession,  which  is  not,  to  a 
greater  or  less  extent,  directly  dependent  for  its  increased  success 
upon  the  practical  assistance  of  some  patented  process  or  article. 
The  money  value  of  patents  has  also  greatly  risen,  so  that,  at  the 
present  time,  the  ownership  of  a  patent  for  a  first-rate  improve- 
ment, is  considered  almost  equivalent  to  the  possession  of  an 
actual  fortune.  It  is  not,  however.,  every  improvement,  nor  every 
patent,  which  is  valuable  or  legal ;  and  much  care  ought  there- 
fore to  be  exercised,  both  by  those  who  take  out  patents  and 
those  who  purchase  "  rights  "  under  them.  They  should  see  that 
all  the  formalities  of  the  law  are  properly  complied  with,  and  be 
careful  that  no  imposition  is  practiced  upon  them. 

Patents  are  granted  for  all  new  machines,  for  improvements 
upon  old  machines,  for  improvements  upon  devices  already  pat- 
ented, for  all  new  processes  or  improvements  upon  old  processes, 
for  new  and  better  methods  or  ways  of  doing  or  accomplishing 
given  ends,  for  improved  articles  of  manufacture,  for  new  forms 
of  useful  articles,  for  new  medicines,  for  all  kinds  of  compositions 
3r  useful  mixtures — in  short,  for  every  novel  and  useful  inven- 
tion, which  results  in  economy  or  the  saving  of  labor,  or  the 
benefit  of  the  public  in  any  manner.  On  applying  for  a  patent, 
the  applicant  pays  to  the  government  $15.  •  An  examination  is 
then  made  under  the  direction  of  the  Commissioner  of  Patents, 
and  if  the  invention  is  found  to  be  new  and  useful,  the  applicant 
is  informed  that  a  patent  will  be  allowed,  and  he  is  required  to 
pay  an  additional  fee  of  $20,  upon  receipt  of  which,  Letters  Pat- 
ent are  formally  issued.  But  if  the  examination  shows  that  the 
invention  is  not  new,  or  that  it  is  wanting  in  utility,  or  that  it 
has  been  patented  in  some  other  country,  or  has  been  described 
in  some  printed  publication,  then  a  patert  is  refused  and  tlia 
application  is  rejected. 


PATENTS.  205 


THE   COMPLETE  APPLICATION 

A  complete  application  for  a  patent  is  made  up  of  the  follow- 
ing parts: — 1.  Petition;  2.  Specification;  3.  Oath  of  theinvent'or; 
4.  Two  drawings  of  the  invention ;  5.  Model  or  specimens ;  6. 
Payment  of  the  preliminary  fee  of  fifteen  dollars.  The  absence 
of  any  of  these  parts  renders  the  application  incomplete ;  and  the 
Patent  Office  will  neither  issue  a  patent  nor  even  examine  the 
case  until  the  defect  is  remedied.  If  the  invention  is  of  such  a 
nature  that  it  cannot  be  illustrated  by  a  model,  specimens,  01 
drawings,  then  those  parts  may  be  omitted. 

THE   SPECIFICATION. 

This  document  consists  of  a  carefully-written  description  of 
the  invention,  fully  and  minutely  describing  the  nature,  con- 
struction, operation  and  method  of  carrying  the  invention  into 
practical  use.  The  portions  or  principles  which  the  applicant 
claims  as  his  own  invention  must  be  particularly  specified.  The 
value  and  extent  of  a  patent  often  depends  upon  the  skill  and 
excellence  with  which  the  specification  is  prepared. 

THE   DRAWINGS. 

Two  drawings  are  required,  which  must  be  alike,  must  corre- 
spond with  the  model,  and  should  be  executed  in  a  clear  and 
artistic  manner.  One  drawing  should  be  done  upon  thick  paper ; 
the  other  may  be  a  traced  copy,  made  upon  thin  transparent 
muslin.  The  drawings  are  considered  as  forming  a  part  of  the 
specification ;  they  should  represent  various  parts  and  views  of 
the  invention,  such  as  plan  views,  perspectives,  side  elevations, 
sections,  etc. 

THE  MODEL. 

The  law  requires  that  the  inventor  shall,  in  all  cases,  furnish  a 
model,  which  must  not  exceed  twelve  inches  in  any  of  its  dimen- 
sions. It  should  be  neatly  made,  of  hard  wood  or  metal,  or  both, 
varnished  or  painted.  The  name  of  the  inventor  and  his  place 
of  residence  should  be  attached  to  it,  or  painted  upon  it  con- 
spicuously. Where  the  invention  consists  of  an  improvement 
on  some  known  machine,  a  full  working  model  of  the  whole  will 
not  be  necessary.  It  should  be  sufficiently  perfect,  however,  to 
show,  with  clearness,  the  nature  and  operation  of  the  invention. 

"When  the  invention  consists  of  a  new  article  of  manufacture. 
or  E.  new  composition,  samples  of  the  separate  ingredients  suffi- 
cient for  the  purpose  of  experiment,  and  also  of  the  mamifao 
tured  article  itself,  must  be  furnished. 


206  PATENTS. 


REJECTIONS  AND   APPEALS. 

When  the  Examiner  decides  that  the  invention  is  not  patent- 
able,  the  applicant  is  so  informed,  by  letter,  and  this  constitutes 
the  first  rejection.  The  applicant  then  has  the  right  to  ask  for 
a  reconsideration,  and  appear  before  the  Patent  Office,  either  in 
person  or  by  attorney,  and,  by  the  presentation  of  arguments 
and  evidence,  endeavor  to  satisfy  the  Examiner  that  he  (the  ap- 
plicant) is  still  entitled  to  a  patent.  If  a  second  rejection  results, 
an  appeal  may  be  taken  to  the  Board  of  Examiners-in-Chief,  on 
payment  of  $10,  who  review  the  case,  listen  i.o  new  arguments, 
and  then  either  decide  to  grant  or  reject  the  application. 

If  the  inventor  is  not  satisfied  with  the  decision  of  the  Ex- 
aminers-in-Chief, an  appeal  may  be  taken  from  their  decision  to 
the  Commissioner  of  Patents  in  person ;  but  a  fee  of  $20  must  be 
paid.  The  Commissioner  hears  any  arguments,  reviews  the  case, 
and  decides  upon  its  merits. 

On  payment  of  $25,  an  appeal  may  be  taken  from  the  decision 
of  the  Commissioner  to  the  United  States  Court  in  the  District 
of  Columbia. 

It  will  thus  be  seen  that  the  opportunities  for  an  inventor  to 
obtain  justice,  in  his  efforts  to  obtain  a  patent,  are  abundant. 
The  majority  of  patents  are,  however,  promptly  granted  on  the 
primary  application,  without  resort  to  the  expenses  and  delays 
of  an  appeal. 

DESIGNS,   TRADE-MARKS,   LABELS,   ETC. 

Under  the  new  law,  Design-patents  may  be  taken  out  for  any 
new  form  of  any  article,  also  for  tools,  patterns,  castings,  machine- 
frames,  stove-plates,  borders,  fringes ;  all  new  designs  for  print- 
ing, weaving,  or  stamping  upon  silks,  calicoes,  carpets,  oil-cloth 
prints,  paper-hangings,  and  other  articles.  Trade-marks,  labels, 
envelopes,  boxes  and  bottles  for  goods,  may  also  be  patented ; 
likewise  all  works  of  art,  including  prints,  paintings,  busts, 
statues,  bas-reliefs  or  compositions  in  alto  or  basso  relievo,  new 
dies,  impressions,  ornaments  to  be  placed  or  used  upon  any 
article  of  manufacture,  architectural  work,  &c.  The  term  for 
which  Design-patents  are  granted  varies  according  to  the  fee 
paid  by  the  applicant,  as  follows : 

Patent  for  3i  years $10. 

"          7       "     15. 

"        14       "     30. 

No  Design-models  are  required.  But  duplicate  drawings  must 
be  furnished,  together  with  the  usual  specification,  petition  and 
affidavit,  which,  to  render  the  patent  of  value,  should  be  pre- 
pared with  the  utmost  care. 


PATENTS.  207 


THE   SALE   AND   ASSIGNMENT  OP  PATENTS. 

An  inventor  may  sell  and  assign  his  invention  or  any  part 
thereof,  either  before  or  after  a  patent  is  granted ;  but  tie  signa- 
ture and  oath  of  the  actual  inventor,  in  connection  with  the 
specification,  are  necessary  before  the  Patent  Office  can  consider 
an  application.  All  other  business  and  proceedings  may,  how- 
ever, be  transacted  by  his  assignee. 

There  are  three  classes  of  assignments  that  must  be  put  upon 
record  at  the  Patent  O%e,  within  three  months  from  their  date, 
in  order  to  insure  their  validity  against  subsequent  purchasers. 
These  are,  first,  an  assignment  of  the  entire  patent ;  second,  an 
undivided  portion  of  a  patent ;  third,  the  sale  of  an  exclusive 
right  under  a  patent  for  a  particular  territory.  In  order  to  make 
assignments  operative  in  law,  a  government  stamp  must  be  put 
upon  them  before  their  record,  to  the  value  of  five  cents  on  every 
sheet  or  piece  of  paper. 

POWERS-OF- ATTORNEY. 

An  inventor,  or  the  full  assignee  of  an  inventor,  may,  by 
power-of-attorney,  authorize  another  person  to  act  as  his  agent 
or  solicitor  in  transacting  business  and  prosecuting  cases  before 
the  Patent  Office.  Such  powers-of-attomey  require  the  attach- 
ment of  a  fifty  cent  revenue  stamp, 

CAVEATS. 

A  "  caveat "  is  &  confidential  communication  made  to  the  Patent 
Office,  disclosing  the  nature  and  objects  of  a  new  and  useful  but 
incomplete  improvement.  The  object  of  a  caveat  is  to  prevent 
the  grant  of  a  patent  to  another  party,  for  the  same  invention,  and 
thus  to  afford  time  to  the  orignal  inventor  to  complete  his  im- 
provement, conduct  further  experiments,  &c.  Caveats  are  filed 
.in  the  Secret  Archives  of  the  Patent  Office.  The  documents 
consist  of  a  petition,  specification,  drawing,  and  oath  of  invention. 

Under  the  security  afforded  by  a  caveat,  inventors  should 
bear  in  mind  that  they  cannot  prevent  other  parties  from  using 
their  inventions.  The  mere  filing  of  a  caveat  does  not  allow 
the  caveator  to  sell  exclusive  rights,  as  in  the  case  of  the  issue 
of  Letters  Patent.  It  entitles  him  only  to  the  right  to  receive 
notice  of  an  interfering  application,  but  does  not  settle  the  ques- 
tion of  novelty  in  his  behalf.  A  caveat  may  be  renewed  from 
year  to  year  upon  the  payment  of  the  usual  official  fee. 

Caveat  papers  cannot  be  withdrawn  from  the  office  nor  under- 
go alteration  after  they  have  been  once  filed ;  but  additional 
papers  relative  to  the  invention  may  be  appended  to  the  caveat, 


208  PATENTS. 

(their  date  being  noted),  provided  they  are  merely  amendatory 
of  the  original  caveat. 

The  right  to  file  a  caveat  extends  only  to  citizens,  or  to  aliens 
who  have  resided  in  the  United  States  one  year,  and  have  made 
oath  of  their  intention  to  become  citizens. 

INTERFERENCES. 

If  an  inventor  happens  to  apply  for  a  patent  when  another 
application  for  a  similar  device  is  pending  at  the  Patent  Office, 
the  two  cases  are  declared  by  the  Conflhissioner  to  "interfere," 
and  each  party  is  notified  to  present  evidence  as  to  the  date 
when  he  first  invented  the  thing.  He  who  proves  priority  of 
invention  receives  the  patent,  and  the  other  applicant  is  rejected. 

Even  after  a  patent  has  been  granted,  another  inventor  may 
come  forward  and  apply  for  a  patent  for  the  same  device ;  and 
if  he  can  prove  priority  of  invention  the  Commissioner  will  issue 
a  patent  to  him. 

INFRINGEMENTS. 

The  manufacture,  sale,  or  use,  of  a  patented  article,  without 
consent  of  the  owner  of  the  patent,  is  an  infringement,  and  sub- 
jects the  infringer,  by  injunction  from  the  Court,  to  an  arrest  or 
prohibition  from  the  employment  of  his  machinery,  shop,  works, 
factory,  and  men,  in  the  production  of  the  article.  In  addition 
to  the  injunction,  the  infringer  is  liable  to  be  mulcted  in  treble 
the  amount  of  damages  awarded  by  the  jury.  The  maker,  the 
workman,  the  seller,  and  the  purchaser  (if  a  user),  are  all 
liable,  either  collectively  or  individually.  Before  any  injunction 
can  be  obtained,  there  must  have  been  one  or  more  trials  in 
Court,  by  which  the  validity  of  the  patent  has  been  unquestion- 
ably proven. 

RE-ISSUE   OF   A   PATENT. 

The  law  provides  that  whenever  a  patent,  heretofore  granted, 
is  found  to  be  inoperative  or  invalid  by  reason  of  a  defective  or 
imperfect  description  or  claim,  the  error  may  be  corrected  by 
surrendering  the  original  patent,  and  filing  in  new  or  amended 
papers,  which  are  subject  to  examination  the  same  as  in  the  case 
of  the  original  application.  Under  a  re-issue  the  law  does  not 
allow  an  inventor  to  embrace  different  subject-matter  than  that 
shown  in  the  original  application.  All  the  features  to  be 
claimed  must  be  shown  either  in  the  original  papers  or  model. 

A  re-issue  does  not  extend  the  term  of  the  original  patent.  If 
the  amended  claims  cannot  be  allowed,  the  original  patent  will 
be  returned  by  the  Commissioner  upon  the  order  of  the  appli* 
cant  or  his  attorney. 


PATENTS.  209 


GENERAL  REMARKS. 

Inventions  for  which  patents  are  solicited  are  duly  classified 
in  the  Patent  Office,  for  examination,  and  are  taken  up  in  their 
order,  in  classes  -and  not,  as  some  suppose,  in  regular  rotation 
• — on  "  the  tirst  come  first  served  "  principle.  Cases  can  not  be 
thus  examined,  as  such  a  system  would  lead  to  confusion.  "When- 
ever the  class  comes  up  to  which  the  invention  belongs,  it  will 
.  receive  examination,  even  though  the  case  may  not  have  been  on 
file. more  than  one  day,  and  it  must  wait  till  the  class  does  come 
up,  though  it  may  be  one,  three,  or  six  months.  The  average 
length  of  time  required  at  present,  in  order  to  secure  a  patent,  is 
from  four  to  six  weeks. 

Should  an  inventor  die  before  he  has  secured  a  patent  for  his 
invention,  the  right  of  applying  for  and  obtaining  such  patent 
devolves  on  the  administrator  or  executor  of  such  person,  in 
trust  for  the  heirs-at-law  of  the  deceased,  if  he  died  intestate ; 
but  if  otherwise,  then  in  trust  for  his  devisees,  in  as  full  and 
ample  manner,  and  under  the  same  conditions,  limitations,  and 
restrictions  as  the  same  was  held,  obtained,  or  enjoyed  by  the 
inventor  in  his  or  her  lifetime ;  and  when  application  for  a  pa- 
tent is  made  by  such  legal  representatives,  the  oath  or  affirma- 
tion which  the  inventor,  had  he  lived,  would  have  been  called 
upon  to  make  to  the  originality  of  his  invention,  will  be  so 
varied  as  to  be  applicable  to  them. 

Stamping  or  attaching  the  name  of  any  patentee  on  any  arti- 
cle without  his  authority,  or  attaching  the  words  "patent"  or 
"  letters  patent,"  or  the  stamp,  mark,  or  device  of  any  patentee, 
on  an  unparented  article,  is  "forbidden,  and  subjects  the  party 
or  parties  so  guilty  to  a  fine  of  one  hundred  dollars  for  such 
oifence. 

Patentees  or  their  assignees  are  required  to  affix  the  date  oj 
tlie  patent  on  each  article  vended  or  offered  for  sale — thus  afford- 
ing to  the  public  notice  of  the  duration  of  the  patent.  When 
the  article  is  of  such  a  character  that  the  name  of  the  patentee 
cannot  be  printed  or  affixed  thereto,  it  must  be  printed  or  affixed 
r  to  the  case  or  package  containing  it. 

An  inventor  may  take  out  a  patent  in  a  foreign  country  with- 
out forfeiting  his  right  to  a  patent  in  the  United  States,  provided 
his  invention  has  not  been  in  public  use,  with  his  knowledge 
and  consent,  in  the  United  States,  previous  to  his  application. 

The  mere  introducer  of  an  invention  from  a  foreign  country  is 
not  entitled  to  a  patent ;  the  inventor  only  can  apply  for  patents. 

If  a  foreigner  who  takes  out  a  patent  in  the  United  States,  fails 
to  put  his  invention  on  sale  in  the  United  States,  on  reasonable 
terms,  within  eighteen  mouths,  the  patent  for  the  same  becomes 
void. 


210  PATENTS. 

Money  sent  to  the  Patent  Office  by  "  mail "  is  at  the  risk  of  the 
sender  ;  and  all  'money  sent  from  the  office  by  that  medium  is 
also  at  the  risk  of  the  person  who  desires  to  have  it  forwarded  to 
him  in  that  way. 

Joint  inventors  are  entitled  to  a  joint  patent ;  but  neither  can 
obtain  one  separately. 

Inventors  who  send  descriptions  of  their  inventions  to  the 
Patent  Office,  for  the  purpose  of  learning  whether  they  are  new, 
only  give  themselves  useless  trouble,  as  no  answers  will  be  re- 
turned. Examinations  of  descriptions  of  new  inventions  are  only 
made  when  applications  are  presented  for  Letters  Patent. 

Form  of  Petition  for  a  Patent. 

To  the  Commissioner  of  Patents  : 

THE  petition  of  A.  B,,  of ,  in  the  county  of ,  and  State 

of ,  respectfully  represents:  That  your  petitioner  has  in- 
vented a  new  and  improved  mode  of  preventing  steam-boilers 
from  bursting,  which  he  verily  believes  has  not  been  known  or 
used  prior  to  the  invention  thereof  by  your  petitioner.  He  there- 
fore prays  that  Letters  Patent  of  the  United  States  may  be 
granted  to  him  therefor,  vesting  in  him,  and  his  legal  representa- 
tives, the  exclusive  right  to  the  same,  upon  the  terms  and  con- 
ditions expressed  in  the  Act  of  Congress  in  that  case  made  and 
provided ;  he  having  paid  fifteen  dollars  into  the  Treasury  of 
the  United  States,  and  complied  with  the  other  provisions  of  the 
said  Act. 

Form  of  Petition  for  a  Caveat. 
To  the  Commissioner  of  Patents: 

THE  petition  of  A.  B.,  of ,  in  the  county  of ,  and  State 

of ,  respectfully  represents:  That  your  petitioner  has  in- 
vented a  new  and  improved  mode  of  preventing  steam-boilers 
from  bursting ;  and  that  he  is  now  engaged  in  making  experi- 
ments for  the  purpose  of  perfecting  the  same,  preparatory  to  his 
applying  for  Letters  Patent  therefor.  He  therefore  prays  that 
the  subjoined  description  of  his  invention  may  be  filed  as  a 
Caveat  in  the  Confidential  Archives  of  the  Patent  Office,  agreea 
ble  to  the  provisions  of  the  Act  of  Congress  in  that  case  made 
and  provided ;  he  having  paid  ten  dollars  into  the  Treasury  of 
the  United  States,  and  otherwise  complied  with  the  requirements 
of  the  said  Act. 


Specification, 
To  all  whom  it  may  concern : 
BE  it  known,  that  I,  A.  B.,  of ,  in  the  county  of ,  and 


PATENTS.  211 

State  of ,  have  invented  a  new  and  improved  mode  of  pre- 

venting  steam-boilers  from  bursting ;  and  I  do  hereby  declare, 
that  the  following  is  a  full  and  exact  description  of  the  same  : 

The  nature  of  niy  invention  consists  in  providing  the  upper 
part  of  a  steam-boiler  with  an  aperture,  in  addition  to  that  for 
the  safety-valve,  which  aperture  is  to  be  closed  by  a  plug,  or 
disk,  of  alloy,  which  will  fuse  at  any  given  degree  of  heat,  and 
permit  the  steam  to  escape,  should  the  safety-valve  fail  to  per- 
form its  functions.  To  enable  others  skilled  in  the  art  to  make 
and  use  my  invention,  I  will  proceed  to  describe  its  construction 
arid  operation  :  I  construct  my  steam-boiler  in  any  of  the  known 
forms,  and  apply  thereto  gauge-cocks,  a  safety-valve,  and  the 
other  appendages  of  such  boilers ;  but  in  order  to  obviate  the 
danger  arising  from  the  adhesion  of  the  safety-valve,  and  from 
other  causes,  I  make  a  second  opening  in  the  top  of  the  boiler, 
similar  to  that  made  for  the  safety-valve,  as  shown  at  A,  in  the 
accompanying  drawing ;  and  in  this  opening  I  insert  a  plug,  or 
disk,  of  fusible  alloy,  securing  it  in  its  place  by  a  metal  ring  and 
screws,  or  otherwise.  This  fusible  alloy,  I  in  general  compose 
of  a  mixture  of  lead,  tin,  and  Bismuth,  in  such  proportions  as 
will  insure  its  melting  at  a  given  temperature,  which  must  be 
that  to  which  it  is  intended  to  limit  the  steam,  and  will,  of 
course,  vary  with  the  pressure  the  boiler  is  intended  to  sustain. 
I  surround  the  opening  containing  the  fusible  alloy,  by  a  tube, 
B,  intended  to  conduct  orT  any  steam  which  may  be  discharged 
therefrom.  When  the  temperature  of  the  steam  in  such  a  boiler 
rises  to  its  assigned  limit,  the  fusible  alloy  will  melt,  and  allow 
the  steam  to  escape  freely,  thereby  securing  it  from  all  danger 
of  explosion.  What  I  claim  as  my  invention,  and  desire  to  se- 
cure by  Letters  Patent,  is  the  application  to  steam-boilers  of  a 
fusible  alloy,  which  will  melt  at  a  given  temperature,  and  allow 
the  steam  to  escape,  as  herein  described,  using  any  metallic  com- 
pound which  will  produce  the  intended  effect. 

Witness,  E.  F.  A.  B. 

G.  H. 

Specification  of  a  Machine. 

£  Where  ti\,e>  specification  is  of  an  improvement,  tlie  original  invention  should  5« 
disclaimed,  and  the  claim  conflned  entirely  to  the  improvement.] 

To  all  whom  it  may  concern : 

BE  it  known,  that  I,  A.  B.,  of ,  in  the  county  of , 

and  State  of ,  have  invented  a  new  and  useful  machine  for 

[state  tlie  use  and  title  of  the  machine  ;  if  tJie  application  is  for 

an  improvement,  it  sJiould  read  thus :  a  new  and  useful  improve- 
ment on  a  (or,  on  the)  machine,  etc.] :  and  I  do  hereby  declare 


212  PATENTS. 

that  the  following  is  a  full,  clear,  and  exact  description  of  the 
construction  and  operation  of  the  same,  reference  being  had  to 
the  annexed  drawings,  making  a  part  of  this  specification,  in 
which  figure  1  is  a "  perspective  view ;  figure  2,  a  longitudinal 
elevation ;  figure  3,  a  transverse  section,  etc.  [Describe  all  the 
sections  of  the  drawings,  and  refer  to  the  parts  by  letters.  Then 
give  a  detailed  description  of  the  construction  and  operation  of 
the  machine,  and  conclude  with  the  claim,  which  should  express 
the  nature  and  character  of  the  invention,  and  identify  the  part 
or  parts  claimed,  separately,  or  in  combination.] 

Witness,  C.  D.  A.  B. 

E.  F. 


Oath  to  accompany  the  Specification. 

COUNTY  OP -,  STATE  OF ,  ss. 

ON  this day  of ,  18 — ,  before  the  subscriber,  a  Jus- 
tice of  the  Peace  in  and  for  the  said  county,  personally  appeared 
the  within-named  A.  B.,  and  made  solemn  oath  (or,  affirmation) 
that  he  verily  believes  himself  to  be  the  original  and  first  in- 
ventor of  the  mode  herein  described  for  preventing  steam-boilers 
from  bursting :  and  that  he  does  not  know,  or  believe,  that  the 
same  was  ever  before  known  or  used ;  and  that  he  is  a  citizen  of 
the  United  States. 

J.  K.,  Justice  of  the  Peace. 


Petition  for  a  Patent  on  a  Design, 

To  the  Commissioner  of  Patents  : 

THE  petition  of  A.  B.,  of  the  town  of ,  and  county  of , 

in  the  State  of ,  respectfully  represents :  That  your  peti- 
tioner has  invented  or  produced  a  new  and  original  design  or 
figure,  to  be  stamped  or  printed  on  fabrics,  which,  when  thus 
printed,  are  termed  ginghams,  which  he  verily  believes  has  not 
been  known  prior  to  the  invention  or  production  thereof  by 
your  petitioner.  He  therefore  prays  that  Letters  Patent  of  the 
United  States  may  be  granted  to  him  therefor,  vesting  in  him 
and  his  legal  representatives  the  exclusive  right  to  the  same, 
upon  the  terms  and  conditions  expressed  in  the  Act  of  Congress 

in  that  case  made  and  provided ;  he  having  paid dollars 

into  the  Treasury,  and  complied  wittf  the  other  provisions  of  the 
said  Act.  A.  B, 


Best  Mode  of  Bemitting  Fees. 
TUe  Government  fens  may  be  sent  by  express  or  postal  order, 


PATENTS.  213 

payable  to  the  order  of  the  Commissioner  of  Patents  in  Wasn« 
mgton,  D.  C.  The  fees  should  be  forwarded  at  the  same  time 
the  model  and  papers  are  sent. 


Petition  for  a  Re-issue. 

To  the  Commissio?ier  of  Patents  : 

THE  petition  of  A.  B.,  of ,  in  the  county  of ,  and  State 

of ,  respectfully  represents;    That  he  did    obtain    Letters 

Patent  of  the  United  States,  for  an  improvement  in  the   steam 

engine,  which  Letters  Patent  are  dated  on  the day  of , 

18 — ;  that  he  now  believes  that  the  same  is  inoperative  and  in- 
valid, by  reason  of  a  defective  specification,  which  defect  has 
arisen  from  inadvertence  and  mistake.  He  therefore  prays  that 
he  may  be  allowed  to  surrender  the  same,  and  requests  that  new 
Letters  Patent  may  issue  to  him  for  the  same  invention,  for  the 
residue  of  the  period  for  which  the  original  patent  was  granted, 
under  the  amended  specification  herewith  presented ;  he  having 
paid  thirty  dollars  into  the  Treasury  of  the  United  States,  agree- 
ably to  the  requirements  of  the  Act  of  Congress,  in  that  case 
made  and  provided.  A.  B. 

Assignment  of  a  Patent  Right. 

WHEREAS,  Letters  Patent,  bearing  date  the day  of f 

A.  D.  18 — ,  were  granted  and  issued  by  the  government  of  the 
United  States,  under  the  seal  thereof,  to  A.  B.,  of,  etc.,  for  an 
improvement  in  machinery,  for  [here  insert  the  design  or  object 
of  the  invention,  together  with  a  general  description  of  tho 
same],  a  more  full  and  particular  description  whereof  is  annexed 
to  the  said  Letters  Patent,  in  a  schedule,  by  which  Letters  Patent, 
the  full  and  exclusive  right  and  liberty  of  making  and  using  the 
said  invention,  and  of  vending  the  same  to  others  to  be  used, 
was  granted  to  the  said  A.  B.,  his  heirs,  executors,  administra- 
tors, and  assigns,  for  the  term  of  fourteen  years  from  the  date 
thereof:  Now,  therefore,  this  indenture  witnesseth  :  That  I,  the 

said  A.  B.,  for  and  in  consideration  of  the  sum  of dollars, 

to  me  in  hand  paid,  by  C.  D.,  of,  etc.,  the  receipt  whereof  is 
hereby  acknowledged,  have  granted,  assigned,  and  set  over,  and 
by  these  presents  do  grant,  assign,  and  set  over,  unto  the  said 
C.  D.,  his  executors,  administrators,  and  assigns,  the  said  Letters 
Patent,  and  all  my  right,  title,  interest,  in  and  to  the  said  inven- 
tion, so  granted  unto  me  ;  to  have  and  to  hold  the  said  Letters 
Patent  and  invention,  unto  the  said  C.  D.,  his  executors,  adminis- 
trators, and  assigns,  in  as  full  and  ample  a  manner,  to  all  intents 


214  PATENTS. 

and  purposes,  as  I  might  have  or  hold  the  same  were  these  pie- 
Bents  not  executed,  for  and  during  the  rest  and  residue  of  the 
Baid  term  of  fourteen  years. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  18 — . 

In  presence  of )  A.  B.  [L.  s.] 

G.  H.      J- 
E.  F.      > 


Assignment  of  the  Right  in  a  Patent  for  One  or  More 

States. 

WHEREAS,  I,  A.  B.,  of ,  in  the,  county  of ,  and  State 

of ,  did  obtain  Letters  Patent  of  the  United  States,  for  cer- 
tain improvements  in  ,  which  Letters  Patent  bear  date  the 

day  of  ,  18 — ;  and  whereas,  C.  D.,  of ,  aforesaid, 

is  desirous  of  acquiring  an  interest  therein :  Now  this  indenture 

witnesseth :  That  for  and  in  consideration  of  the  sum  of 

dollars,  to  me  in  hand  paid,  the  receipt  whereof  is  hereby  ac- 
knowledged, I  have  assigned,  sold,  and  set  over,  and  do  hereby 
assign,  sell,  and  set  over,  all  the  right,  title,  and  interest,  which 
I  have  in  the  said  invention,  as  secured  to  me  by  said  Letters 

Patent,  for,  to,  and  in,  the  several  States  of , ,  and , 

and  in  no  other  place  or  places :  the  same  to  be  held  and  enjoyed 
by  the  said  C.  D.,  for  his  own  use  and  behoof,  and  for  the  use 
and  behoof  of  his  legal  representatives,  to  the  full  end  and  term 
for  which  the  said  Letters  Patent  are  or  may  be  granted,  as  fully 
and  entirely  as  the  same  would  have  been  held  and  enjoyed  by 
me,  had  this  assignment  and  sale  not  have  been  made. 

In  witness,  etc.,  [as  in  Assignment  of  a  Patent.] 


Assignment  before  Obtaining  Letters  Patent. 

WHEREAS,  I,  A.  B.,  of ,  in  the  county  of ,  and  State 

of ,  have  invented  certain  new  and  useful  improvements  in 

,  for  which  I  am  about  to  make  application  for  Letters  Patent 

of  the  United  States ;  and  whereas,  C.  D.,  of ,  aforesaid,  has 

agreed  to  purchase  from  me  all  the  right,  title,  and  interest, 
which  I  have,  or  may  have,  in  and  to  the  said  invention,  in  con- 
sequence of  the  grant  of  Letters  Patent  therefor,  ancfrhas  paid  to 

me,  the  said  A.  B.,  the  sum  of dollars,  the  receipt  of  which 

is  hereby  acknowledged :  Now  this  indenture  witnesseth :  That 
for  and  in  consideration  of  the  said  sum  to  me  paid,  I  have  as- 
signed and  transferred,  and  do  hereby  assign  and  transfer,  to  the 


PATENTS.  215 

said  C.  D.,  the  full  and  exclusive  right  to  all  the  improvements 
made  by  me,  as  fully  set  forth  and  described  in  the  specification 
which  I  have  prepared  and  executed,  preparatory  to  the  obtain- 
ing of  Letters  Patent  therefor.  And  I  do  hereby  authorize  and 
request  the  Commissioner  of  Patents  to  issue  the  said  Letters 
Patent  to  the  said  C.  D.,  as  the  assignee  of  my  whole  right  and 
title  thereto,  for 'the  sole  use  and  behoof  of  the  said  C.  D,  and 
his  legal  representatives. 

In  witness,  etc.,  [as  in  Assignment  of  a  Patent.] 


Schedule  of  Patent  Fees, 

On  filing  each  Caveat f  1© 

On  filing  each  application  for  a  Patent,  except  for  a  design. .  15 

On  issuing  each  original  Patent 20 

On  appeal  to  the  Examiners-in-Chief. 10 

On  appeal  to  Commissioner  of  Patents. 20 

On  application  for  Re-issue 30 

On  application  for  Extension  of  Patent 50 

On  granting  the  Extension 50 

On  filing  Disclaimer 10 

On  filing  application  for  Design,  three  and  a  half  years 10 

On  filing  application  for  Design,  seven  years 15 

On  filing  application  for  Design,  fourteen  years 30 

The  duration  of  all  patents  now  granted  is  SEVENTEEN  years, 
except  Design  Patents,  which  vary  in  their  terms,  as  specified. 


Foreign  Patents. 

AMERICAN  inventors  should  bear  in  mind  that,  as  a  general 
rule,  any  invention  which  is  valuable  to  the  patentee  in  this 
country,  is  worth  equally  as  much  in  England  and  some  other 
foreign  countries.  Four  patents— American,  English,  French, 
and  Belgian — will  secure  an  inventor  exclusive  monopoly  to  his 
discovery  among  one  hundred  millions  of  the  most  intelligent 
people  in  the  world.  The  facilities  of  business  and  steam  com- 
munication are  such  that  patents  can  be  obtained  abroad  by  our 
citizens  almost  as  easily  as  at  home. 

It  is  generally  much  better  to  apply  for  foreign  patents  simul- 
taneously with  the  application  here ;  or,  if  this  cannot  be  con- 
veniently done,  as  little  time  as  possible  should  be  lost  after  the 
patent  is  issued,  as  the  laws  in  some  foreign  countries  allow 
patents  to  any  one  who  first  maJkes  the  Application,  and  in  thia 


216  PATENTS. 

way  many  inventors  are  deprived  of  valid  patents  for  their  own 
inventions.  Many  valuable  inventions  are  yearly  introduced  into 
Europe  from  the  United  States,  by  parties  ever  on  the  alert  to 
pick  up  whatever  they  can  lay  their  hands  upon  that  may  seem 
useful. 

Models  are  not  required  in  any  European  country,  but  the  ut- 
most care  and  experience  are  necessary  in  the  preparation  of  the 
specifications  and  drawings 

When  parties  intend  to  take  out  foreign  patents,  engravings 
should  not  be  published  until  the  foreign  applications  have  been 
made. 


[PERSONS  dersiring  other  information  concerning  the  pro- 
curing of  Letters  Patent  than  is  contained  in  the  laws  and  prac- 
tice given  above,  can  obtain  all  such  advice,  free  of  charge,  by 
addressing  Messrs.  MUNN  &  Co.,  Editors  of  the  Scientific  Ameri- 
can, 37  Park  Row,  New  York  City. 

Messrs.  MUNN  &  Co.  have  been  engaged  as  solicitors  of  patents 
for  nearly  a  quarter  of  a  century,  and  their  facilities  are  most 
complete  for  doing  all  kinds  of  patent  business.  More  than  one- 
third  of  all  the  patent  business  of  the  United  States  is  transacted 
by  this  firm,  and  almost  all  of  the  patents  annually  obtained  by 
American  citizens  in  foreign  countries  are  procured  through 
Messrs.  MUNN  &  Co.,  who  have  reliable  agencies  in  London, 
Paris,  and  all  the  principal  European  capitals.  Any  letters  of 
inquiry  in  regard  to  the  law  or  practice  of  the  Patent  Office  they 
will  cheerfully  answer,  without  charge ;  they  also  examine 
models  and  drawings  of  new  inventions,  and  render  advice  as  to 
the  prospects  of  obtaining  patents,  etc.,  free  of  expense.] 


HIGHWAYS. 

IT  is  the  duty  of  Commissioners  of  Highways  to  give  directions 
for  the  repairing  of  all  roads  and  bridges  in  their  respective  towns ; 
to  regulate  the  roads  already  laid  out,  and  to  alter  such  of  them  as 
they  may  deem  inconvenient ,  to  divide  each  of  their  towns  into 
road  districts,  and  to  assign  each  road  district  to  such  of  the  in- 
habitants liable  to  work  on  highways  as  they  may  think  proper, 
baviag  due  regard  to  proximity  of  residence  as  near  as  may  be ; 


HI  GHW  A  YS  217 

to  require  the  overseers  of  highways  to  warn  all  persons  assessed  to 
work  on  highways  to  come  and  work  thereon ;  to  discontinue  all  old 
roads  that  may  appear  to  them  on  the  oaths  of  twelve  freeholders, 
to  have  become  unnecessary ;  to  lay  out  on  actual  survey,  such 
new  roads  as  they  may  deem  essential  to  the  public  weal ;  and  to 
cause  mile-boards  or  stones  to  be  erected  on  such  post  and  other 
public  roads  as  they  may  think  expedient. 

It  is  the  duty  of  overseers  of  highways  to  repair  and  keep  in 
order  all  highways  in  their  respective  districts ;  to  warn  all  per- 
sons assessed  to  work  on  the  same ;  to  cause  all  noxious  weeds  on 
each  side  of  the  highway  to  be  cut  down  and  destroyed,  once  every 
six  months ;  to  cause  all  loose  stones  on  the  beaten  track  of  the 
highway  to  be  removed ;  to  keep  up  and  renew  the  mile-stonea 
and  guide-posts  :  and,  when  occasion  demands,  to  make  a  second 
assessment,  in  addition  to  that  made  by  the  commissioners,  on  the 
residents  in  the  town  for  the  maintenance  in  order  of  the  roads. 

Every  person  owning  or  occupying  land  in  the  town  in  which  ha 
or  she  resides  •  every  male  inhabitant  over  twenty-one  years,  and 
all  moneyed  or  stock  corporations,  are  subject  to  assessment  for 
highway  labor.  Commissioners  are  authorized  to  credit  all  per- 
sons living  on  private  roads,  and  working  the  same,  so  much  on 
their  assessments  as  they  may  deem  necessary,  or  to  annex  the 
game  to  some  highway  district. 

Any  person  liable  to  highway  labor  may  commute  for  the  same 
in  whole  or  in  part,  at  the  rate  of  one  dollar  per  day,  to  be  paid 
within  twenty-four  hours  after  receiving  the  notice  to  appear 
and  work. 

Persons  assessed  to  highway  labor  are  entitled  to  twenty -four 
Uours7  notice.  No  resident  can  be  compelled  to  work  on  any  high- 
way except  in  the  district  where  he  resides,  unless  upon  his  appli- 
cation the  commissioners  consent  that  he  may  apply  his  work  in 
some  district  where  he  has  land. 

Every  person  refusing  or  neglecting  to  appear  and  work  when 
notified  by  the  highway  overseer  is  subject  to  a  fine  of  one  dollar 
for  each  day,  and  twelve  and  a  half  cents  for  every  hour  any  per- 
son or  his  substitute  may  be  delinquent*  Every  individual  or  sub- 
stitute remaining  idle,  or  not  working  faithfully  or  hindering 
others  from  work,  is  subject  to  a  fine  of  one  dollar  for  each  offence*. 


218 


HIGIHVAYS. 


Overseer?  are  empowered  to  require  from  assessed  persons  hav 
ing  the  same,  a  cart,  wagon,  or  plough,  with  a  pair  of  horses  01 
oxen,  and  a  person  to  manage  them  ;  if  he  furnish  them,  according 
to  order,  he  will  be  entitled  to  a  credit  of  three  days  for  each  day's 
service  therewith.  If  he  fail  to  furnish  them,  he  is  liable  to  a  fine 
of  three  dollars  per  day  for  each  day  that  he  may  be  assessed 
If,  however,  the  delinquent  can  give  the  overseer  a  satisfactory 
excuse  for  his  non-compliance  with  the  order,  the  latter  has  power 
to  remit  the  fine. 

Ministers  of  the  gospel,  paupers,  and  lunatics,  are  exempt  from 
highway  labor.  The  whole  number  of  days'  work  to  be  assessed 
by  the  Commissioners  must  be  equal  to  at  least  three  times  the  num- 
ber of  taxable  inhabitants  in  the  town ;  and  every  male  inhabitant 
over  twenty-one  years  must  be  assessed  at  least  one  day;  the 
remainder  of  the  work  must  be  apportioned  upon  the  real  and  per- 
sonal estate  of  every  inhabitant,  as  the  same  may  appear  in  the  last 
assessment  roll  of  the  town,  and  upon  each  tract  or  parcel  of  land 
owned  by  non-residents. 

Commissioners  cannot  lay  out  a  road  through  any  orchard  of 
four  years'  growth,  or  more;  nor  through  a  garden  cultivated 
four  years  or  more;  nor  through  any  buildings,  or  fixtures  for  the 
purpose  of  trade  or  manufactures,  nor  any  yards  or  other  enclosures 
necessary  for  their  use ;  nor  through  any  enclosed  or  cultivated 
lands,  without  the  consent  of  the  owner  or  owners  thereof,  or  on 
the  oaths  of  twelve  freeholders  to  the  public  necessity  of  the  same. 

No  private  road  can  be  laid  out  over  the  lands  of  any  person, 
without  his  consent  or  the  decision  of  a  jury. 

When  a  Commissioner  of  Highways  has  determined  to  lay  out  a 
new  highway,  or  to  alter  or  discontinue  an  old  road,  he  must  filo 
euch  determination  in  writing  at  the  office  of  the  Town  Clerk. 

Any  person  aggrieved  by  any  determination  of  the  Commissioaei 
Of  Highways,  either  in  laying  out,  altering,  or  discontinuing  anj 
road,  or  in  refusing  to  lay  out,  alter,  or  discontinue  any  road,  may, 
at  any  time  within  sixty  days  after  the  Commissioner's  determina- 
tion shall  have  been  filed,  appeal  to  the  Judge  of  the  county,  who 
shall  appoint  three  disinterested  freeholders,  residents  of  the  county, 
but  not  of  the  town,  to  hear  and  determine  the  appeal. 

When  a  public  highway  has  been  tranefwrcd  to  a  plank-raad 


HIGHWAYS.  210 

company,  and  the  interest  of  the  public  road  is  paid  for,  the  com- 
pany succeeds  to  all  the  rights  of  the  Town  Commissioners  relative 
to  making  repairs. 


Assessment  of  Highway  Labor. 

TOWN  OF  , COUNTY,  s.s. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the-  town 

of ,  held  in  said  town  on  the day  of ,  J.  C.,  H.  D. 

and  T.  J.,  the  said  Commissioners,  having  proceeded  to  ascertain, 
estimate,  and  assess  the  highway  labor  to  be  performed  in  their 
town  for  the  ensuing  year,  [if  only  two  of  them  will  agree  to  the 
assessment  roll  as  prepared,  then  insert,  il  the  undersigned,  two  oi 
the  said  Commissioners" — the  decision  of  the  majority  is  sujfricitnt,] 
have  made  out  the  estimate  and  assessment  for  road  district  No.  — > 
in  said  town,  as  follows : 

[Or  if  only  two  of  the  Commissioners  were  present  at  the  assess- 
ment, then,  instead  of  the  preceding,  say,]  The  undersigned,  two 

of  the  Commissioners  of  Highways  of  the  town  of  ,  having 

met  in.  said  town  on  the day  of ,  and  proceeded  to 

ascertain,  estimate,  and  assess  the  highway  labor  to  be  performed 
in  their  town  for  the  ensuing  year,  all  the  Commissioners  of  High- 
ways of  said  town  having  been  duly  notified  to  atterd  the  said 
meeting  of  the  Commissioners  for  the  purpose  of  deliberating 
thereon,  haye  made  out  the  estimate  and  assessment  for  road  dis- 
trict No.  — ,  in  said  town  as  follows : 

First,  The  inhabitants  of  said  town  assigned  to  said  road  district 
are  assessed  ar  follows,  to  wit : 


NAMES. 


A.  C.          1  day. 
D.  E.  3  days. 


NAMES. 


X.  Y.  2  days. 

L.  M.          10  days. 


Second,  The  lands  owned  by  non-residents  of  said  town,  and  sit- 
&ate  therein,  are  assessed  as  follows,  to  wit : 


Owner's  name. 
John  Jones. 


Description  of  Land. 

Lot  No. 


Value.    I  Assessment. 


$1,000    J    Four  days. 


In  witness  whereof,  we  have  hereto  subscribed  our-  names,  this 

day  of ,  18—. 

J.  C. 


H.  D. 
T.  J. 


Commissioners. 


Additional  Assessment  by  an  Overseer. 

The  quantity  of  labor  assessed  on  the  inhabitants  of  road  district 
No. ,  in  the  town  of ,  being  by  me,  the  undersigned,  Over- 
seer of  Highways  in  said  district,  deemed  insufficient  to  keep  the 
roads  therein  in  repair,  T  do  therefore^  in  pursuance  of  the 


220  HionwATS. 

ions  of  the  statute  in  such  cases  made,  hereby  make  a  further 
assessment,  us  follows,  to  wit : 


NAMES. 


A.  B.  2  days. 

E.  F.  1  day. 


NAMES. 


X.  Y.        4  days. 
L.  M.        5  days. 


Dated  the day  of ,  18—.  C.  D.  Overseer. 

Appeal  to  three  Judges, 

BY  NON-RESIDENT    OWNER  OF  LANDS,  OR   HIS  AGENT,  FROM  THE  AS- 
SESSMENT BY  COMMISSIONERS. 

COUNTY,  TOWN  OF ,  ss. 

A.  B.,  a  non-resident  owner  of  lands  in  said  town,  considering 
[or.  A.  B.,  agent  of  C.  D.,  a  non-resident  owner  of  lands  in  said 
town,  who  considers]  himself  aggrieved  in  the  assessment  for  high- 
way  labor  by  the  Commissioners  of  Highways  of  said  town,  upon 
the  following  described  lands,  to  wit :  Uiere  insert  the  description, 
as  in  the  list  or  statement  made  by  the  Commissioners,]  doth  hereby 

appeal  from  the  assessment  of  said  Commissioners  to .  — *-, 

and ,  three  of  the  Judges  of  the  Court  of  Common  Pleas  of 

said  county  of .     Dated  this day  of ,  18—. 

A.  B. 


Notice  by  the  Owner  or  his  Agent, 

TO  THE  COMMISSIONERS,  OF  THE  PRECEDING  APPEAL.  • 

To  J.  C.,  H.  D.,  and  T.  J.,  Commissioners  of  Highways  of  the 

Town  of . 

You  are  hereby  notified,  that  considering  myself  aggrieved  by 
your  assessment  for  highway  labor  of  the  land  owned  by  me  in 

said  town,  I  have  this  day  appealed  to , ,  and ,  three 

of  the  Judges  of  the  Court  of  Common  Pleas  of  the  county  of 

,  who  will  convene  at ,  on  the day  of ,  at  — 

o'clock  in  the noon,  to  decide  on  said  appeal.     Dated  the • 

day  of ,18—. 

Yours,  &c.  A.  B. 


Notice  by  the  Overseer  as  to  Non-resident  Lands. 

I,  the  undersigned,  Overseer  of  Highways  for  road  district  No. 

,  in  the  town  of ,  do  hereby  give  notice,  That  the  labor 

assessed  on  the  several  tracts  of  land  hereafter  mentioned,  which 
have  been  assessed  as  owned  by  non-residents,  is  to  be  performed 
on  the day  of next,  on  the  highway  of  said  district,  be- 


HIGHWAYS.  221 


twoen  the  dwelling-houses  of and ,  and  the  owners  of 

said  land,  or  their  agents,  are  hereby  required  to  cause  the  said 
labor  to  be  performed  accordingly. 
Owners'  names.  I  Description  of  Land  or  Tiact.  I  Assessment. 


Dated  the day  of ,  18—.  A.  B.,  Overseer 

Complaint  by  an  Overseer  to  a  Justice, 

AGAINST  A  PERSON  FOR  REFUSING  TO  WORK, 

A.  B,,  Overseer  of  Highways  for  road  district  No. ,  of  the 

town  of ,  in  the  county  of ,  on  oath  makes  complaint  to 

T.  R.,  a  Justice  of  the  Peace  of  said  town,  That  he  gave  to  C.  D., 
who  resides  in  the  said  district,  and  is  assessed  to  work  on  the  high- 
ways therein,  twenty-four  hours  previous  notice  to  appear  with  a 
hoe,  on  the day  of ,  instant,  at  eight  o'clock  in  the  fore- 
noon, at  the -dwelling-house  of -,  for  the  purpose  of  working  on 

the  highways  in  said  district,  under  the  direction  of  said  A.  B.,  as 
overseer.  And  that  the  said  C.  D.  neglected  to  appear  either  in  per- 
*on,  or  by  an  able-bodied  man  as  a  substitute,  or  to  pay  the  commu- 
tation money  for  said  work  nor  has  he  rendered  any  excuse  for 
such  neglect.  A.  B, 

Subscribed  and  sworn,  the day  of ,  before  me. 

i\  R.,  Justice  of  the  Peace. 

[Or,  in  lieu  of  the  words  in  italics,  if  the  case  require  it.  the  fol- 
lowing may  be  inserted :  Appeared  pursuant  to  notice,  but  Worked 
only  four  hours,  and  then  departed.  Or,  Appeared  pursuant  to 
notice,  but  remained  idle,  or  did  not  work  faithfully,  or  hindered 
others  from  working,] 

Complaint  by  an  Overseer  to  a  Justice, 

AGAINST  A  PERSON  FOR  NEGLECTING  TO  FURNISH  A  TEAM 

COUNTY,  TOWN  or ,  ss. 

A.  B.,  Overseer  of  Highways  for  road  district  No. ,  in  said 

town,  on  oath  makes  complaint  to  T.  R.,  a  Justice  of  the  Peace  of 
said  town,  That  he  gave  to  C  D,  who  resides  in  the  said  district, 
and  is  assessed  to  work  three  days  [or  more]  on  the  highways 
therein,  and  has  a  cart,  [or  wagon,  or  plough,  as  the  case  may  be,l 
with  a  pair  of  horses,  \or  oxenj  and  a  man  to  manage  them,  and 
who  has  not  commuted  for  his  said  assessment,  twenty-four  hours-* 

previous  notice,  to  furnish,  on  the day  of ,  at o'clock 

in  the  forenoon,  at  the  dwelling-house  of ,  a  cart  with  a  pair 

of  horses,  [or,  as  the  case  may  be,J  and  a  man  to  manage  them, 
for  the  purpose  of  working  one  day  on  the  highways  of  said  dis- 
trict, under  the  direction  of  the  eaid  A.  B.  as  overseer ;  and  the 


222  HIGHWAYS 

eaid  0.  D.  neglected  to  furnish  said  horses  and  cart,  and  a  man  to 
manage  them,  or  to  pay  the  commutation  money  for  said  work; 
nor  has  ho  rendered  any  excuse  for  such  neglect.  A.  B. 

Sworn,  &c.,  [as  in  Complaint  by  an  Overseer  to  a  Justice ,  against 
a  Per  son  for  re) using  to  work. 

Summons  by  a  Justice. 

COUNTY,  TOWN  or ,  ss. 

To  any  Constable  of  said  Town,  greeting : 

WHEREAS,  complaint  hath  been  made  to  me,  the  undersigned,  a 
Justice  of  the  Peace  in  and  for  said  town,  by  A.  B.,  Overseer  of 

Highways  for  road  district  No. ,  in  said  town,  That  C.  D.,  &o. 

[recite  the  complaint.]  You  are,  therefore,  in  the  name  of  the  Peo- 
ple of  the  State  of ,  hereby  commanded  to  summon  the  said 

u.  D.  forthwith  to  appear  before  me,  at  my  office  in  said  town,  to 
show  cause  why  he  should  not  be  fined  according  to  law  for  such 
refusal  or  neglect,  as  in  said  complaint  is  alleged  against  him. 

Given  under  my  hand,  this day  of ,  18 — . 

T.  R.,  Justice  of  the  Peace. 


Complaint  to  the  Commissioners  of  Highways, 

AGAINST   AN   OVERSEER    FOR    NEGLECT   OF    DUTY. 

To  the  Commissioners  of  Highways  of  the  Town  of . 

THE  complaint  of  A.  B.,  a  resident  of  the  town  of — —  afcre- 
eaid,  respectfully  showcth,  That  C.  D.,  the  Overseer  of  Highways 

for  road  district  No. ,  in  said  town,  has  neglected  and  refused 

to  warn  the  following  persons,  to  wit :  G.  H.,  J.  K.,  and  L.  M.,  to 
work  on  the  highways  in  said  district,  after  having  been  required 
to  do  so  by  the  Commissioners,  or  one  of  them.  And  the  said  A. 
B.,  hereby  requires  the  Commissioners  of  Highways  aforesaid  to 

prosecute  tho  said  C.  D.  for  the  said  offence.     Dated  the day 

of ,18—.  A.  B. 

Application  to  Commissioners  to  lay  out  New  Hoad. 

To  the  Commissioners  of  Highways  of  the  Town  of ,  in  the 

County  of . 

THE  undersigned,  a  person  liable  to  be  assessed  for  highway 
labor  in  said  town,  and  residing  therein,  doth  hereby  make  appli- 
cation to  you  to  lay  out  a  new  road  of  the  width  of  three  rods 
through  land  not  enclosed,  improved,  or  cultivated,  [or,  through 
lands  not  enclosed,  improved,  or  cultivated,  excepting  as  to  lands 
of  P.  Q  ,  who  consents  to  the  laying  out  of  said  road,  and  has  signi- 
fied  the  same  by  signing  this  petition,]  Beginning  at,  &c.,  fdescrib' 


niamvATS.  223 

ing  the  road  by  courses  and  distances,  or  such  objects  and  bound- 
aries as  shall  make  the  route  sufficiently  definite  and  certain.! 

P.Q. 

Order  of  Commissioners  to  lay  out  a  Highway. 

. COUNTY,  TOWN  OF  ,  ss. 

AT  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of 

— ,  in  the  county  of ,  at ,  in  said  town,  on  the day 

of  — — ,  all  the  said  Commissioners  having  met  and  deliberated  on 
fche  subject  embraced  in  this  order,  It  is  ordered  and  determined  by 
tlio  said  Commissioners,  that  a  highway  be  laid  out  in  the  said  town, 
of  the  width  of  four  rods,  on  the  application  of  A.  B.,  and  by  the 
consent  of  P.  Q.,  through  whose  improved  land  the  said  highway 
is  to  pass  for  a  part  of  the  distance ;  the  residue  of  said  highway 
being  through  lands  not  enclosed,  improved  or  cultivated.  And 
the  said  Commissioners  have  caused  a  survey  thereof  to  be  made, 

as  follows :  The  centre  line  of  said  highway  is  to  begin  at , 

and  to  run  thence,  &c.  [Here  insert  the  survey.] 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.] 

Application  to  alter  a  Road. 

To  the  Commissioners  of  Highways  of  the  Town  of ,  in  tho 

County  of . 

WE,  the  undersigned,  R.  S.  and  T.  W.,  residents  of  said  town, 
and  liable  to  be  assessed  for  highway  labor  therein,  do  hereby 
make  application  to  you,  the  said  Commissioners,  to  alter  the  high- 
way leading  from  the  house  of  G.  H.  to  the  house  of  P.  Q.,  in  said 
town,  as  follows  :  [Insert  a  description  of  the  proposed  alteration 
by  courses  and  distances,  or  by  objects  and  boundaries,  so  as  to 
render  it  sufficiently  certain  and  definite.]  The  proposed  altera- 
tion passes  through  lands  which  are  not  improved,  enclosed,  or 
cultivated,  [or,  passes  through  the  improved  land  of  R.  S.  and  T. 
W.,  who  consent  thereto.]  Dated  the day  of ,  18 — . 

R.S. 

T.  W 


Order  of  the  Commissioners  to  alter  a  Highway. 

COUNTY,  TOWN  OF ,  ss. 

AT  a  meeting  of  the  Commissioners  of  Highways  of  tho  town 

of ,  in  the  county  of ,  at  ,  in  the  said  town,  on  the 

day  of ,  all  the  said  Commissioners  having  met  and  do* 

liberated  on  the  subject  embraced  in  this  order,  It  is  ordered  ancl 
determined  by  the  said  Commissioners,  upon  the  application  and 
by  tho  consent  of  R.  S.  and  T.  TV-,  through  whose  lands  the  altejv 


224  HIGHWAYS. 

ation  hereafter  described  is  to  be  made,  that  the  highway  leading 
from  the  house  of  G.  II..  to  the  house  oT  P.  Q.,  in  said  town,  be 
altered  according  to  the  following  survey,  which  the  Commission- 
ers have  caused  to  be  made  thereof,  as  follows,  to  wit :  The  centre- 
line of  the  alteration  is  to  begin  at  the  centre  of  the  present  high 
way,  opposite  the  northerly  corner  of  the  barn  of  the  said  11.  S.> 
and  to  run  thence  [here  include  the  whole  survey],  and  that  the 

said  alteration  be  of  the  width  of rods. 

In  witness,  £c..  [as  in  Assessment  of  Highway  Labor.] 


Application  to  lay  out  a  Highway, 

THROUGH  IMPROVED  LAND,  WITHOUT  THE  CONSENT  OF  THE  OWNER 

To  the  Commissioners  of  Highways  of  the  Town  of ,  in  the 

County  of . 

THE  undersigned,  resident  of  the  said  town,  and  liable  to  be  as- 
sessed for  highway  labor  therein,  hereby  makes  application  to  you, 
the  said  Commissioners,  to  lay  out  a  highway  in  said  town,  com- 
mencing at,  &c.,  [here  insert  a  description  by  courses  and  dis- 
tances, or  by  objects  and  boundaries,  so  as  to  render  the  proposed 
route  sufficiently  certain  and  definite,]  which  said  highway  will 
pass  through  the  improved  [or  enclosed,  or  cultivated]  lands  of 
P.  Q.  and  R.  S.,  who  do  not  consent  to  the  laying  out  of  the  same 

Dated  the day  of ,  18—. 

A.  B. 


Notice  of  Application,  and  of  the  Meeting  of  Freeholders, 

WHEN    THE    INTENDED    HIGHWAY    IS   THROUGH     IMPROVED    LAND. 

NOTICE  is  hereby  given,  that  the  undersigned  has  made  appli- 
cation to  the  Commissioners  of  Highways  of  the  town  of ,  in 

the  county  of ;  foi  the  laying  out  of  a  highway,  commencing, 

&c.,  [insert  description  as  in  the   Application,] and  which  highway 
will  pass  through  a  lot  of  improved  meadow  land  of  P.  Q.,  and  a 

lot  of  improved  pasture  land  of  R.  S.     And  that  on  the day  of 

1  at  o'clock,  in  the  noon,    at  ,  in  said  town, 

twelve  freeholders  duly  qualified  for  that  purpose,  "will  meet  to 
examine  the  ground,  and  to  certify  with  respect  to  the  necessity  and 

propriety  of  such  highway.     Dated  at  the  town  of ,  this        • 

§ay  of ,18—  A.  B. 

Affidavit  of  Affixing  the  Notice  of  Application, 

•— . —  COUNTY,  TOWN  pr ,  ss. 

A.  B.,  of in  said  county,  being  duly  sworn,  saith,  That  h« 

caused  notices  in  writing,  of  which  the  within  is  a  copy   to  be 


HIGHWAYS.  225 

posted  up  at  three  of  -the  most  public  places  in  said  town,  on  the 

day  of ,  being  six  days  before  the  time  specified  therein 

for  the  meeting  of  the  freeholders.  A.  B. 

Sworn  and  subscribed  before  me,  this day  of ,  18 . 

J.  J.,  Commissioner  of  Deeds 


Certificate  of  Freeholders. 

(A  copy  of  the  notice,  and  of  the  affidavit  of  posting,  is  to  be  attached  tothia.) 

— —  COUNTY,  TOWN  OF ss. 

WE,  the  undersigned,  twelve  reputable  freeholders  of  the  said 
town,  not  interested  in  the  lands  through  which  the  road  described 
in  the  annexed  notice  is  to  be  laid,  nor  of  kin  to  any  owner  thereof* 
having  appeared  at  the  time  and  place  specified  in  said  notice,  arid 
having  been  duly  sworn,  well  and  truly  to  examine  and  certify  in 
regard  to  the  necessity  and  propriety  of  the  highway  applied  for ; 
and  having  proceeded  to,  and  personally  examined  the  route,  of 
euch  highway,  and  heard  all  reasons  that  wrere  offered  for  and 
against  laying  out  the  same,  do  hereby  certify  that  we  are  of 
Opinion,  that  the  highway  applied  for,  and  described  in  the  annexed 
notice,  is  necessary  and  proper. 

In  witness  whereof,  we  have  hereto  subscribed  our  names,  this 
day  of ,  in  the  year  18 — .  A.  11.  &c.,  &c. 


Notice  by  Commissioners  to  the  Occupant, 

OF  LAND  THROUGH  WHICH  THE  ROAD  IS  TO  RUN. 

COUNTY,  TOWN  OF ,  ss. 

To 

You  will  take  notice,  that  on  the day  of ,  at  —  o^cloek, 

in  the  — —  noon,  at  the  house  of 1  in  the  town  of ,  we, 

the  undersigned  Commissioners  of  Highways  of  the  town  of 

and  county  of ,  will  meet  to  decide  on  the  application  of  A. 

JB.,  for  the  laying  out,  &c.,  [as  in  Application,]  twelve  qualified 
freeholders  having  certified  that  the  road  is  necessary  and  proper. 
Dated  the day  of ,  18 — 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.] 

Certificate  by  Commis&ioners, 

OF  LAYING  OUT  A  ROAD  THROUGH  IMPROVE!  LAND. 

• COUNTY,  TOWN  OF ,  ss. 

Ar  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of 
in  the  county  of ,  at ,  in  the  said  town  on  the  — — 


226  HIGHWAYS. 

flay  of ,  upon  the  application  of  A.  B.,  a  resident  in  saul 

town,  and  liable  to  be  assessed  to  work  on  the  highways  therein, 
for  the  laying  out  of  the  highway  hereafter  described,  and  on  the 
certificate  of  twelve  reputable  freeholders  of  said  town,  convened 
and  duly  sworn  after  due  public  notice,  as  required  by  the  statute, 
certifying  that  such  highway  is  necessary  and  proper.  And  notice 
in  writing  of  at  least  three  days  having  been  given  in  due  form  of 
law  to  P.  Q.  and  R.  S.,  occupants  of  the  lands  through  which  the 
highway  hereafter  described  is  to  run,  that  the  undersigned  Com- 
missioners would  meet  at  this  time  and  place,  to  decide  on  the 
application  aforesaid,  and  the  undersigned  having  heard  all  reasons 
offered  for  and  against  laying  out  such  highway,  It  is  ordered, 
determined,  and  certified,  that  a  public  highway  shall  be,  and  the 
same  hereby  is  laid  out  pursuant  to  said  application,  whereof  a 
eurvey  hath  been  made,  and  is  as  follows,  to  wit:  Beginning,  &C., 
[as  in  the  survey,]  and  the  line  of  the  said  survey  is  to  be  tho 

centre  of  said  highway,  which  is  to  be rods  in  width. 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.} 


Order   of  Commissioners, 

REFUSING  TO  LAY  OUT  OR  ALTER  A  HIGHWAY. 

—  COUNTY,  TOWN  OF ,  ss. 

AT  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of 

,  in  the  county  of ;  at ,  in  the  said  town,  on  the         • 

day  of ,  all  the  said  Commissioners  having  met  and  deliberated 

on  the  subject  matter  of  this  order,  [or,  if  but  two  of  the  Commis- 
sioners met,  say,  all  the  said  Commissioners  having  been  duly  no 
tilled  to  attend  the  said  meeting  for  the  purpose  of  deliberating  on 
the  subject  matter  of  this  order,]  It  is  hereby  ordered  and  deter- 
mined, that  the  application  of  A.  B.,  dated  the day  of ,  for 

the  laying  out  [or,  altering]  of  the  highway  therein  mentioned,  be, 
and  the  same  hereby  is  denied  and  refused. 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.] 


Agreement  as  to  Damages. 

COUNTY,  TOWN  of  OF  ,  ss. 

IT  is  hereby  agreed  between  the  Commissioners  of  Highways  of 

the  town  of ,  of  the  one  part,  and  P.  Q.,  of  the  other  part,  that 

the  damages  sustained  by  the  said  P.  Q.,  by  reason  of  the  laying 
out  and  opening  of  a  highway  through  the  lands  of  the  said  P.  Q., 
on  the  application  of  A..  B.  and  others,  by  order  of  tbo  Commu 


HIGHWAYS.  227 

sioncrs,  dated  the day  of ,  be  fixed  and  liquidated  at  the 

sum  of  $ . 

Witness  our  hands,  this day  of ,  18—.  P.  Q. 

J.  C.  ) 

II.  D.  >  Commissioners 

T.  J. 


Release  of  Damages  by  Owner  of  Land. 

I  do  hereby  release  to  the  town  of ,  all  claim  to  damages  by 

.oason  of  the  laving  out  and  opening  of  a  highway  through  my 
lands,  by  order  of  the  Commissioners  of  Highways,  dated  the  • 
day  of . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  thia 

day  of ,  18—.  P.  Q.    [L.  s  ] 

Warrant  by  two  Justices  to  Summon  a  Jury 

TO    ASSESS    DAMAGES   SUSTAINED    BY    OWNERS    OF    LAND. 

COUNTY,  TOWN  OF ,  ss. 

To  any  Constable  of  the  Town  of ,  in  said  County,  greeting . 

On  the  application  of  the  Commissioners  of  Highways  of  the 
said  town  of ,  (or,  on  the  application  of  P.  Q.,)  to  us,  the  un- 
dersigned, two  Justices  of  the  Peace,  residing  in  the  town  of , 

aforesaid,  you  are  hereby  directed,  in  the  name  of  the  People  of 
the  State  of ,  to  summon  twelve  disinterested  freeholders,  re- 
siding in  some  town  of  said  county  other  jthan  the  town  of . 

aforesaid,  and  not  of  kin  to  P.  Q.,  to  appear  at ,  in  the  said 

town  of  ,  on  the day  of  next,  at  —  o'clock,  in  the 

noon,  to  assess  the  damages  sustained  by  the  said  P.  Q.,  by 

the  laying  out  of  a  highway  through  his  improved  land,  by  order 

of  the  Commissioners  of  Highways  of  the  said  town  of dated 

the day  of last     And  have  you  then  there  the  names  oi 

the  jurors,  and  this  warrant. 

Given  under  our  hands,  this day  of ,  18 — . 

A.  R. 


r  f  Justices  of  the  Peace. 


Verdict  of  Jury, 

ASSESSING  DAMAGES  SUSTAINED    BY    THE    OPENING  OF  A.    NEW    ROAD 

— -  COUNTY,  TOWN  OF .  ss. 

WE,  the  undersigned,  freeholders  of  said  county,  neither  resi- 
dents of ,  nor  of  kin  to  P.  Q.,  being  the  jury  summoned,  drawn, 

and  sworn  to  assess  the  damages  sustained  by  the  said  P.  Q.,   by 
reason  of  the  laying  out  and  opening  of  a  road  through  his  enclosed 


228  HIGHWAYS 

and,  in  pursuance  of  tho  order  of  the  Cjmmissioners  of  Highways 

of  said  town  of ,  bearing  date  the  day  of  ,  in  the 

year ,  after  having  viewed  and  examined  the  premises,  deter- 
mine and  assess  the  said  damages  of  the  said  P.  Q.  at dollars. 

Given  under  our  hands,  this day  of ,  18 — . 

L.  M.;  &c.,  Jurors. 

Application  for  a  Private  Eoad. 

To  the  Commissioners  of  High-ways  of  the  Town  of ,  in  the 

County  of : 

I,  the  undersigned,  a  resident  of  said  town,  and  liable  to  be  as- 
sessed for  highway  labor,  do  hereby  make  application  to  you,  the 
said  Commissioners,  to  lay  out  a  private  road  for  my  use,  commen- 
cing, &c.,  [insert  a  description  of  the  road  applied/or,  sufficiently  cer 
tain  and  definite,]  passing  through  the  lands  of  P.  Q.,  of  said  town. 

Dated  the day  of ,  18—.  A.  B 


Notice  the  Owner  or  Occupant  of  the  Premises, 

UPON    AN   APPLICATION    FOR   A   PRIVATE    ROAD. 

To  P.  Q.,  of  the  Town  of ,  in  the  County  of : 

SIR  :  I,  the  undersigned,  have  applied  to  the  Commissioners  of 
Highways  of  said  town  to  lay  out  a  private  road,  for  my  use, 
through  your  lands,  (or,  through  lands  of  which  you  are  the  occu- 

Eant,)  and  you  are  hereby  notified  that  twelve  disinterested  free- 
olders  will  meet  on  the  day  of ,  instant,  at  12  o'clock 

at  noon,  at  the  house  of ,  in  said  town,  to  be  sworn,  and  to  pro- 
ceed to  view  the  lands  through  which  the  road  is  applied  for,  and 

to  determine  whether  it  is  necessary.  Dated  the day  of , 

18—.  Yours,  &c.,  A.  B. 


Certificate  of  Jury, 

UPON  APPLICATION  FOR  A  PRIVATE  ROAD. 

WE,  the  undersigned,  being  disinterested  freeholders  of  the  town 

of ,  in  the  county  of ,  having  met  on  the day  of , 

in  the  year ,  at ,  in  said  town  and  having  been  duly  sworn 

well  and  truly  to  examine  and  certify  with  regard  to  the  necessity 
and  propriety  of  the  road  described  in  the  annexed  application  of 
A.  B..  and  having  viewed  the  lands  through  which  it  is  proposed 
to  be  made,  do  certify,  that,  in  our  opinion,  it  is  necessary  and 
proper  to  lay  out  a  private  road,  for  the  use  of  the  eaid  A.  B  ,pnr 
guant  to  his  said  application. 


HIGHWAYS.  229 

Given  <%o.,  [as  in  Verdict  of  Jury  assessing  damages  sustained  by 
ihe  opening  a  new  road  ] 


Order  of  Commissioner  to  lay  out  a  Private  Uoad, 

COUNTY,  TOWN  OF ,  ss. 

UPON  the  application  of  A.  B.,  for  the  laying  out  of  the  private 
road  hereafter  described,  and  on  the  certificate  of  twelve  reputable 
freeholders  of  said  town,  convened  and  duly  sworn,  after  due  notice 
to  the  owner  [or  occupant]  of  the  lands  through  which  said  road  ia 
to  pass,  as  required  by  the  statute,  certifying  that  such  road  was 
necessary  :  It  is  therefore  ordered  and  determined,  that  a  private 
road  he  laid  out  for  the  use  of  the  said  A.  B.,  pursuant  to  his  ap- 
plication, the  courses  and  distances  whereof,  according  to  a  survey 
thereof  which  the  said  Commissioners  have  caused  to  be  made,  are 
as  follows :  [Insert  the  survey.]  And  it  is  further  ordered,  that 
the  line  above  described  shall  be  the  centre  of  said  road,  and  that 
said  road  shall  be  of  the  width  of rods. 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.'] 


Application  for  the  Discontinuance  of  an  Old  Road. 

To  the  Commissioners  of  Highways  of  the  Town  of ,  in  the 

County  of . 

THE  undersigned,  a  resident  of  said  town,  liable  to  be  assessed 
for  highway  labor,  hereby  make  application  to  you  for  the  discon- 
tinuance of  the  old  road  in  said  town,  commencing,  &c.,  [describe 
the  road:]  on  the  ground  of  its  having  become  useless  and  unneces- 
sary. Dated  the day  of ,  18 — .  A.  R. 


Certificate  of  Freeholders, 

UPON    APPLICATION    FOR    THE     DISCONTINUANCE     OF    AN    OLD     ROAD. 

We  the  undersigned,  disinterested  freeholders  of  the  town  of 

having  met  at ,  on  this  day  of ,  in. pursuance 

of  the  summons  of  the  Commissioners  of  Highways  of  said  town, 
in  order  to  examine  and  certify  in  regard  to  the  propriety  of  dis- 
continuing the  road  described*  in  the  annexed  application,  and  after 
being  duly  sworn,  and  having  viewed  said  road,  do  certify  that  the 
same  is  in  our  opinion  useless  and  unnecessary. 

Given,  &c.,  [as  in  Verdict  of  Jury  assessing  Damages  sustained  by 
tkc  opening  a  New  Road.] 


230  HIGHWAYS. 

Order  of  Commissioners  to  discontinue  a  Eoad. 

COUNTY,  TOWN  OF ,  ss. 

UPON  the  application  of  A.  B.,  of  said  town,  for  the  discontinu- 
ance of  the  road  hereinafter  described,  and  on  the  certificate  of 
twelve  disinterested  freeholders,  duly  summoned  and  sworn,  who 
have  in  due  form  certified  that  said  ro  id  is  useless  and  unnecessary, 
and  the  Commissioners  having  caused  a  survey  of  said  road  to  be 
made  as  follows,  to  wit :  [here  insert  the  survey,]  It  is  ordered  and 
determined  by  the  said  Commissioners,  that  the  said  road  be,  and 
the  same  hereby  is  discontinued. 

In  witness,  &c.,  [as  in  Assessment  of  Highway  Labor.] 


Appeal  to  three  of  the  Judges 

OF  THE  COURT  OF  COMMON  PLEAS  OF  THE  COUNTY,  TO  BE 
ANNEXED  TO  A  COPY  OF  THE  ORDER  APPEALED  FROM. 

To  A.  B.,  J.  K.,  and  L.  M.,  three  of  the  Judges  of  the  Court  oi 
Common  Pleas  of  the  County  of . 

CONCEIVING  myself  aggrieved  by  the  determination  of  the  Com- 
missioners of  Highways  of  the  town  of ,  in  said  county,  con- 
tamed  in  the  order  of  which  a  copy  is  hereto  annexed,  I  do  hereby 
appeal  to  you  therefrom. 

This  appeal  is  brought  to  reverse  the  determination  of  the  Com- 
missioners entirely,  on  the  ground  that  the  laying  out  of  said  high 
way  is  unnecessary,  inexpedient,  and  improper. 

[Or,  This  appeal  is  brought  to  reverse  so  much  of  the  determina- 
tion of  the  Commissioners,  as  directs  the  said  road  to  be  laid  out 
four  rods  wide,  instead  of  three  rods  wide.] 

Made  and  signed  by  me,  this day  of ,  13 — .      A.  B 

Notice  by  Judges  to  Commissioners  of  the  Appeal. 

To  J.  C.,  II.  D.,  and  T.  J.,  Commissioners  of  Highways  of  the 

Town  of ,  in  the  County  of . 

TAKE  notice,  that  A.  B.  has  appealed* to  us,  the  undersigned, 
three  of  the  Judges  of  the  Court  of  Common  Pleas  of  the  county 

of ,  from  your  determination  contained  in  your  order,  dated 

the day  of last,  laying  out  [or  altering,  or  discontinuing,] 

the  highway  therein   mentioned,  and  that  we  shall  meet  on  the 

— —  day  of ,  instant,  at o'clock,  in  the noon,  at  the 

house  of ,  in  said  town,  to  hear  and  decide  the  said  appeal 

Dated  the day  of ]8 — .        Yours,  &c., 

A.  B.  )  Judges  of  the  Court 
J.  K.  >  of  Common  Pleas  oi 
L.  M.  }  County 


HIGHWAYS.  231 

Notice  by  Judges, 

TO    OS  &   CR    MORE    OF    THE    APPLICANTS    OF    THE    JLPPfAL. 

To  C.  D.  and  E.  F. : 

TAKE  notice,  that  A.  B.  It.as  appealed  to  us,  the  undersigned,  three 
of  the  Judges  of  the  Court  of  Common  Pleas  of  the  county  oi 

,  from  the  determination  of  the  Commissioners  of  Highways, 

as  contained  in  their  order  dated  the of ,in  the  year > 

upon  the  application  of  yourselves  and  others,  and  that  we  shall 

meet  at  the  house  of ,  in  said  town,  on  the day  of , 

instant,  at o'clock  in  the noon,  to  hear  and  decide  the 

said  appeal. 

Dated,  &c.,  [as  in  Notice  by  Judges  to  the  Commissioners  of  the 
Appeal] 


Decision  of  Judges  upon  the  Appeal. 

COUNTY,  TOWN  OF ,  ss. 

WHEREAS,  on  the day  of ,  in  the  year r  A.  B., 

of  the  town  of ,  in  the  county  of ,  appealed  to  A.  B.,, 

J.  K.,  and  L.  M.,  three  of  the  Judges  of  the  Court  of  Cummon 
Pleas  of  said  county,  from  the  order  and  determination  of  the  Com- 
missioners of  Highways  of  said  town,  bearing  date  the day 

of ,  in  the  year ,  copies  of  which  said  appeal  and  or- 
der are  hereto  annexed : 

And  after  the  expiration  of  sixty  days  from  the  making  of  the 
said  order  and  determination  of  the  said  Commissioners  of  High- 
ways, the  said  Judges  appointed  the  time  and  place  of  the  hear- 
ing of  the  said  appeal  to  be  on  the  day  of ,  in  the 

year ,  at  the  house  of ,  in  the  said  town  of  ,  and 

caused  written  notice  of  the  said  appeal,  specifying  therein  that 
the  said  Jhdges  would  convene  at  the  said  time  and  place  to  hear 
the  said  appeal  to  be  served  on  the  said  Commissioners,  and  upon 
E.  F.,  an  applicant  for  said  order,  at  least  eight  days  before  the 
time  and  place  of  convening  as  aforesaid,  in  the  manner  prescribed 
and  directed  by  the  statute  in  such  case  made. 

And  the  said  Judges  convened  at  the  time  and  place  mentioned 
in  the  said  notice,  to  hear  the  proofs  and  allegations  of  the  parties; 
and  such  proceedings  were  thereupon  had,  that  having  heard  the 
said  proofs  and  allegations,  the  said  Judges  thereupon  adjudged  and 
decided,  and  do  adjudge  and  decide,  that  the  order  and  determina- 
tion of  the  Commissioners  of  Highways  aforesaid  be,  and  the  sains 
hereby  is  reversed,  [or,  affirmed,  as  the  case  may  be.} 

In  witness,  &c.,  [as  in  Notice  by  Judges  to  t&«  £oauMUMttf?l  q/ 
the  Appeal] 


232  CATTLE   LAWS. 

CATTLE     LAWS. 

A  DOG,  in  the  habit  of  attacking  passers-by,  is  in  law  a  nuisance 
which  any  one  is  free  to  remove,  by  killing  or  otherwise.  In  caso 
of  suit,  the  party  killing  him  neBd  not  prove  that  he  was  obliged 
to  kill  him  in  self-defence. 

Any  one  killing  a  harmless  or  inoffensive  dog,  is  liable  in  dama 
ges  to  the  owner ;  but  in  an  action  to  recover  damages  for  killing 
a  dog,  the  opinions  of  witnesses  as  to  its  value  are  not  admissible 
in  evidence.  The  jury  are  the  judges  of  the  animal's  value.  Any 
dog  in  the  habit  of  attacking,  worrying  or  killing  sheep,  or  other 
nseful  animals;  may  be  killed  by  order  of  a  magistrate. 

The  owner  of  a  dog  is  liable  for  all  damage  the  animal  may  do 
to  another's  cattle  or  other  property. 

The  owner  of  a  stray  horse  or  horses,  or  other  animal  or  animalsj 
is  liable  in  damages  for  all  injuries  it  or  they  may  do  to  others'  pro- 
perty. Should  the  owner,  for  the  sake  of  avoiding  the  payment  of 
the  damage,  disclaim  ownership,  the  animal  or  animals  may  be  sold 
by  order  of  a  magistrate,  and  the  damages  paid,  on  application,  by 
the  supervisors. 

Whenever  a  stray  animal  comes  upon  the  premises  of  any  party, 
the  latter  should  give  immediate  notice  of  the  same,  in  writing,  tc 
the  Town  Clerk.  If  this  notice  is  not  given  within  ten  days  of  the 
arrival  of  the  stray,  the  party  can  recover  no  compensation  for  the 
keeping  of  the  animal.  It  is  the  duty  of  the  Town  Clerk  to  keep 
a  record,  open  for  public  inspection,  of  all  such  notices.  Tho 
Clerk's  fee  for  entering  the  notice  must  be  paid  by  the  party  pro. 
senting  it.  The  latter  has  the  right  to  detain  the  animal  or  ani. 
mals  till  all  reasonable  charges  for  keeping  the  same,  together 
with  the  Clerk's  fees,  are  paid.  The  Fence  Viewers  of  the  town 
are  to  decide  upon  the  fairness  of  the  charges.  If,  at  the  expira, 
tion  of  five  months,  no  owner  appear,  or  if  he  or  they  appear,  and 
refuse  or  neglect  to  pay  the  charges,  the  party  on  whose  premises 
the  animal  or  animals  have  come,  may  sell  the  same  to  the  highest 
bidder  at  public  auction.  Out  of  the  proceeds  of  the  sale,  he  may 
retain  sufficient  to  pay  his  bill  of  charges;  the  remainder  must 
1)6  paid  to  the  owner  of  the  strays,  if  ha  demands  the  same ;  if  not 


CATTLE   LAWS.  233 

demanded  within  twelve  months  of  the  time  of  sale,  he  loses  all 
claim  to  the  money,  in  which  event  the  same  must  be  paid  to  the 
Supervisor  of  the  town  within  thirty  days  after  the  expiration  of 
the  year. 

Assessors  and  Commissioners  of  Highways  are,  by  virtue  of 
their  offices,  Fence  Viewers  of  the  town  in  which  they  have  been 
elected. 


Fence- Viewers'  Certificate 

UPON    THE    KILLING    OF    SHEEP    BY  DOGS. 

COUNTY,  TOWN  OF ,  ss. 

UPON  the  application  of  A.  B.,  the  owner  of  sheep  alleged  to 
have  been  killed  by  dogs,  we,  the  undersigned,  fence-viewers  of  the 
town  of ,  in  the  county  of ,  having  proceeded  to  in- 
quire into  the  matter,  and  having  viewed  the  sheep  killed,  and 
having  also  examined  witnesses  in  relation  thereto,  do  certify  that 
we  are  satisfied  that  said  sheep,  three  in  number,  were  killed  only 
by  dogs,  and  in  no  other  way.  And  we  further  certify,  that  the 

amount  of  damages  sustained  by  the  said  A.  B.  thereby  is 

dollars,  and  that  the  value  of  the  sheep  so  killed  was dollars 

Given  under  our  hands  this day  of ,  in  the  year 

'      - Fence-Viewers. 


Affidavit,  upon  Application  to  Supervisors, 

FOR  THE  AMOUNT  OF  DAMAGES. 

COUNTY,  TOWN  OF ,  ss. 

A.  B.,  of ,  in  said  county,  being  duly  sworn,  saith,  that  ho 

hath  not  been  able  to  discover  the  owner  or  possessor  of  the  dog 
by  which  the  damages,  certified  in  the  annexed  certificate  of  the 
fence-viewers  of  said  town,  has  been  done,  (or,  that  he  hath  failed 
to  recover  the  damages  certified  in  the  annexed  certificate  of  the 
fence-viewers  of  said  town,  from  the  owner  or  possessor  of  the  dog 
by  which  the  same  was  done.) 

Sworn  before  me,  this day  of — • ,  in  the  year -, 

B.  S.  Justice  of  the  Peaoo. 


284  CATTLE  LAWS. 

Notice  to  the  Owner  of  a  Dog 

KILLING   OR   INJURING    SHEEP. 

To  C.  I). 

You  arc  her3by  iiotified,  that  your  black  dog  Towser  lias  bitten 

"or,  chased,  or  worried]  my  sheep,  this day  of ,  18 — ;  and 

you  are  hereby  required  to  kill  said  dog  within  forty-eight  hours 

Dated  at ,  the day  of ,  IS — . 

Yours,  &c.,  A.  B. 

Order  of  a  Justice  that  a  dangerous  Dog  be  killed. 
•—COUNTY,  TOWN  OF ,  ss. 

WHEREAS,  complaint  has  been  this  day  made  before  me,  by  C. 

E.,  of  the  town  of ,  in  the  county  of ,  under  oath,  that  a 

dog  owned  [or  possessed]  by  G.  H.,  of  the  said  town  of ,  on 

the day  of ,  instant,  attacked  the  said  C.  E.,  [or,  attacked 

a  horse  in  a  carriage  in  which  the  said  0.  E.  was  riding  •  or,  at- 
tacked a  horse  on  which  the  said  C.  E.  was  mounted,]  while  the 
said  C.  E.  was  peaceably  travelling  on  the  highway  in  said  town : 

And  I,  the  undersigned,  Justice  of  the  Peace,  having  given  due 
notice  of  the  said  complaint  to  the  said  G.  H.,  [and  having  heard 
him  in  relation  thereto,  if  the  fact  be  so,]  and  having  inquired  into 
the  said  complaint,  and  being  satisfied  of  its  truth,  and  that  the 
said  dog  is  dangerous,  do  hereby  order  the  said  G.  H.  to  kill  the 
said  dog  immediately. 

Given  under  my  hand,  this day  of ,  18 — . 

J.  T.,  Justice  of  the  Peuce. 

Fence- Viewers'  Certificate  of  Damage  done  "by  Hogs. 
COUNTY,  TOWN  OF ,  ss. 

WE,  the  subscribers,  Fence  Viewers  of  the  town  of- ,  in  the 

county  of ,  having  been  applied  toby  A.  B.,  of afore- 
said, to  appraise  the  damages  done  by  one  white  sow  and  six  pigs; 
[or,  other  cattle,  giving  the  number,  kind,  and  description  of  beasts, 
as  near  as  may  be,]  distrained  by  him  doing  damage  on  his  lands, 
and  having  been  to  the  place,  and  viewed  and  ascertained  the  dam- 

age,  do  certify  the  amount  thereof  to  be dollars  and       ••• 

cents,  and  that  the  fees  for  our  services  are dollars. 

And  a  dispute  having  arisen  between  the  said  A.  B,  on  the  one 
part,  and  C.  D.  of  the  other  part,  touching  the  sufficiency  of  the 
fence  along  the  easterly  side  of  a  field  of  Indian  corn,  which  fence 
was  shown  to  as  by  the  said  parties,  and  having  heard  the  parties, 
and  examined  witnesses  in  relation  thereto,  we  decide  that  the  said 
fence  is  good  and  sufficient,  [or,  bad  and  insufficient.] 

Given,  &c.,  [as  in  Fence-Viewers'  Certificate  upon  toe  killing  q/ 
Sheep  ty  Dogs 


CATTLE   LAWS.  285 

Notice  of  Sale  by  Pound-Master. 

NOTICE  is  hereby  given,  that  on  the day  of ,  in  the 

year ,  at  —  o'clock  in noon,  I  shall  sell  at  public  auc- 
tion at  the  public  pound,  near  the  house  of ,  in  the  town  of 

,  one  white   sow  and   six  pigs,  which  have  been  distrained 

doing  damage,  and  impounded  therefor,  by  A.  B.     Dated  at 

the day  of ,  18 — .  0.  II.,  Pound  Master. 


Notice  to  Town  Clerk  by  Person  keeping  Strays. 

To  C.  D.,  Town  Clerk  of  the  Town  of : 

You  will  take  notice,  that  on  or  about  the day  of ,  18 — , 

one  black  horse,  of  the  age  of  six  years,  or  thereabouts,  and  mark- 
ed with  a  star  in  his  forehead,  strayed  upon  my  enclosed  land  in 

the  town  of ,  and  now  remains  thereupon  j  and  that  I  reside 

in  the  said  town  of . 

Dated  the day  of ,  18—.  A.  B. 


Notice  of  Sale  where  Stray  is  not  redeemed. 

PUBLIC    NOTICE. 

BY  virtue  of  the  statute  in  such  case  made  and  provided,  I  shall 

expose  to  sale  at  public  auction,  to  the. highest  bidder,  on  the 

day  of ,  instant,  [or,  next,]  at o'clock  in  the noon,  at 

the  house  of  J.  K.,  in ,  one  black  horse  of  the  age  of  six  years, 

or  thereabouts,  marked  with  a  star  in  his  forehead,  the  same  being 

a  stray  found  upon  my  enclosed  land  in  the  town  of ;  and 

remaining  unredeemed  according  to  law. 

Dated  the day  of ,  18—.  A.  B. 


Receipt  of  Supervisor. 

RECEIVED  of  A.  B., dollars  and cents,  being  the  pro 

ceeds  of  the  sale  of  a  stray  black  horse,  after  deducting  therefrom 
the  expenses  of  keeping,  and  the  sale  thereof, — said  horse  having 
been  advertised  and  sold  at  public  auction,  by  the  said  A.  B.,  as  a 

stray,  according  to  the  statute,  on  the day  of ,  18 — . 

,  the day  of ,  18—. 

H.  F.  Supervisor  of  the  town  of 


236  FENCE-VIEWERS. 


Fence-Viewer's  Certificate. 

STRAY    HAS    NOT    BEEN    REDEEMED. 


—  COUNTY,  TOWN  OF  -  ,  ss. 

1,  the  undersigned,  one  of  the  Fence-Viewers  of  said  town,  do 
hereby  certify,  that  upon  the  application  of  A.  B.,  of  said  town, 
upon  whose  enclosed  lands  the  following  stray  animals,  to  wit  : 
[here  name  them,]  came,  on  or  a.bout  the  -  day  of  -  ,  18  —  ,' 
and  which  strays  have  since  that  time  been  kept  by  the  said  A.  B., 
and  now  remain  unclaimed  and  unredeemed,  I  have  ascertained, 
according  to  the  best  of  my  knowledge  and  judgment,  and  upon 
due  inquiry  and  examination,  the  reasonable  charges  of  keeping 
such  strays,  and  that  the  same  amount  to  the  sum  of  -  dollars 
ani  -  cents  ;  and  that  the  fees  for  my  service  amount  to  -  • 
dollars. 

Given  under  my  hand,  this  -  day  of  -  ,  18  —  . 

E.  F.,  Fence-Viewer 


Certificate  where  Parties  cannot  agree 

UPON  THE  CHARGES  FOR  KEEPING  STRAYS. 

——COUNTY,  TOWN  OF ,  55. 

WHEREAS,  a  dispute  having  arisen  between  A.  B.  and  C.  D.,  of 
said  town,  concerning  the  reasonable  charges  of  keeping  the  fol- 
lowing strays,  to  wit :  [here  name  them,]  which  came  upon  the 

enclosed  lands  of  the  said  A.  B.,  on  or  about  the day  of , 

18 — ,  and  have  been  kept  by  him  since  that  time  until  the  date 
hereof,  and  which  are  now  claimed  by  the  said  C.  D. :  Now, 
therefore,  we.  the  undersigned,  two  of  the  Fence- Viewers  of  said 
town  of ,'  do  hereby  certify  that  we  have  ascertained  the  rea- 
sonable charges  of  keeping  said  strays,  after  due  inquiry  and 

examination,  and  that  the  same  amount  to dollars  and 

cents;  and  that  the  fees  for  our  service  amount  to dollars. 

Given,  &c.,  [as  in  Fence- Viewers'  Certificate  upon  the  killing  of 
Sheep  by  Dogs.] 


FENCE-VIEWERS. 

WHEN  two  parties  have  lands  adjoining,  each  must  make  and 
keep  up  his  half  of  the  division  fence.  If  he  neglect  or  refuse  to 
do  this,  and  the  other  receive  injury  thereby,  the  party  so  neg- 
lecting or  refusing  is  liable  to  the  other  in  damages  to  the  amount 
of  the  injury,  and  for  the  fees  and  other  charges  incidental  to 


FENCE- VIEWERS.  23f 

bringing  the  case  before  the  Fence  Viewers  of  the  town,  who  are 
tlie  proper  persons  to  examine  and  adjudicate  upon  the  ma'tter. 

When  one  of  two  or  more  parties,  having  lands  adjoining,  de- 
sires to  remove  his  fence,  and  to  let  the  land  lie  open,  ho  is  at 
liberty  to  do  so,  at  any  time  between  the  first  of  November  and 
the  first  of  April,  by  giving  the  other  party  or  parties  ten  days' 
notice  of  his  intention  to  apply  to  the  Fence-Viewers  of  the  town 
for  permission  to  do  the  same ;  but  if  the  Fence-Viewers  refuse  to 
give  him  such  permission,  he  must  be  governed  by  their  order : 
should  he,  notwithstanding  their  refusal,  remove  the  fence,  he  is 
liable  to  the  other  party  or  parties  for  all  damages  that  may  result 
to  them  thereby. 

When  by  flood,  accident,  or  any  cause,  any  party's  half  of  a 
fence  is  broken  down,  removed,  or  destroyed,  the  party  interested 
may  give  him  ten  days'  notice  in  writing  to  replace  it ;  should  he 
fail  to  do  so,  the  party  interested  may  erect  it  without  further  no- 
tice, and  recover  the  full  bill  of  the  same,  together  with  the  costs 
of  suit,  in  an  action. 

All  disputes  by  owners  of  adjpining  lands  relative  to  broken 
fences  must  be  submitted  to  the  Fence-Viewers  of  the  town,  whose 
decision  must  be  given  in  writing,  and  must  be  receiv^  by  the 
diaputants  as  conclusive. 

Certificate  of  Value  of  Fence 

BUILT    BY    AN   ADJOINING    OWNER. 

COUNTY,  TOWN  OF ,  ss. 

WHEREAS,  A.  B.  and  C.  D)  were,  and  are,  the  owners  of  certain 

lands  adjoining,  in  said  town  of ,  and  on  the  — day  of 

,  18—,  or  thereabouts,  the  said  A.  B.  erected  a  division 

fence  between  the  land  belonging  to  him  and  that  of  the  said  C.  D., 
who  had  chosen  to  let  the  same  lie  open  ;  and  whereas  the  said  C. 
D.  has,  since  that  time,  enclosed  the  said  land  belonging  to  him, 
and  a  dispute  has  arisen  between  the  said  parties,  concerning 
the  proper  proportion  of  the  value  of  the  said  division  fence, 
to  be  paid  for  oy  the  said  C.  D. :  Now.  therefore,  we,  the  un- 
dersigned, two  of  the  Fence-Viewers  of  the  said  town  of 

do  hereby  certify,  that  we  have  made  due  inquiry  into  the  facts 
and  examined  the-  premises;  that  the  following  is  a  correct  de 
scription  of  the  fence  so  built  by  the  said  A.  B.  as  aforesaid,  to 
wit :  [give  description  •]  that  the  value  thereof,  at  the  time  of 


23  3  FENCE-VIEWERS. 

building  the  same,  was dollars ;  and  that  the  proper  proportion 

of  said  value,  to  be  paid  by  the  said  C.  D.  to  the  said  A.  B.,  is  — — 
dollars  :  And  we  also  certify,  that  the  fees  for  our  service  amount 

to dollars. 

Given  under  our  hands,  this day  of ,  in  the  year  18 — 

E.  F. )    Fence* 
G.  II.  I  Viewers. 


Certificate 
UPON  HEARING  DISPUTE  BETWEEN  OWNERS   OF  ADJOINING   LANDS. 

••        COUNTY,  TOWN  OF ,  55. 

WHEREAS,  A.  B.  and  C.  D.  are  the  owners  of  certain  lands  ad- 
joining, in  the  said  town  of ,  and  a  dispute  has  arisen  between 

them,  concerning  the  respective  proportions  of  a  division  fence  to 
be  maintained  [or,  made,]  by  them :  Now,  therefore,  we,  the  un- 
dersigned, Fence-Viewers  of  the  said  town,  do  hereby  certify,  that 
upon  the  application  of  the  said  parties,  we  proceeded  to  examine 
the  premises  and  hear  the  allegations  of  the  said  parties ;  and  that 
we  do  determine  that  said  division  fence  be  built  as  follows,  to 
wit :  [give  description ;]  that  one  third  part  of  said  fence  is  the 
proper  proportion  thereof  to  be  built  by  the  said  A.  B. }  and  that 
the  remaining  two  thirds  is  the  proper  proportion  thereof  to  be 
built  by  the  said  C.  D. :  And  we  also  certify,  that  our  fees  for  our 
service  amount  to dollars. 

Given,  &c.,  \as  in  Certificate  of  Value  of  Fence  built  by  an  ad- 
joining owner.] 


Certificate  of  Damages 

WHERE   DIVISION    FENCE    IS   OUT    OF    REPAIR. 

—  COUNTY,  TOWN  OF ,  ss. 

WE,  the  undersigned,  two  of  the  Fence- Viewers  of  said  town,  e!o 
hereby  certify,  that  upon  the  application  of  A.  B.,  the  owner  of 
land  adjoining  the  land  of  C.  D.  in  said  town,  to  ascertain  and  ap- 
praise certain  damages  alleged  to  havo  been  incurred  by  the  said 
A.  B.,  in  consequence  of  the  neglect  [or  refusal]  of  the  said  0.  D. 
to  make  [or  maintain  his  proportion  of  a  division  fence  between 
the  aforesaid  lands,  we  proceeded  to  examine  the  premises  ;  and, 
after  due  inquiry  and  examination  by  us  made,  we  do  deter 
mine  that  the  said  A.  B.  has  sustained  damages  to  his  land,  crops 
fruit  trees,  and  shrubbery,  [add  "  fixtures,"  if  necessary,]  in  conse 
quence  of  the  neglect  [or  refusal]  of  the  said  C.  D.  to  make  [o 
maintain]  hia  proportion  of  such  division  fence  as  aforesaid 


FENCE- VI  EWERS.  239 

which  said  damages  wo  have  ascertained  and  dc   appraise  at • 

dollars. 

Given,  &c.,  [as  in  Certificate   of  Value  of  Fence   built,  by  an  ad 
oining  owner.] 


Notice  and  Certificate  of  Consent. 

TO    REMOVE    DIVISION    FENCE. 

To  Mr.  A.  B. : 

TAKE  notice,  that  I  shall  make  application  to  E.  F.  and  G.  II., 

two  of  the  Fence-Viewers  of  the  town  of ,  on  the 

day  of next,  for  permission  to  remove  the  division  fence  be- 
tween the  land  occupied  by  you  in  said  town,  and  that  owned  and 
occupied  by  me,  lying  adjacent  thereto.  C.  D. 

Dated  the day  of ,  18—. 

COUNTY,  TOWN  OF ,  ss. 


WE,  the  undersigned,  two  of  the  Fence-Viewers  of  said  town,  do 
hereby  certify,  that  upon  the  application  of  C.  D.,  made  in  accord- 
ance with  a  notice,  of  which  the  above  is  a  copy,  duly  served  upon 
A.  B.,  therein  mentioned,  more  than  ten  days  before  this  day,  we 
have  examined  the  premises  where  the  division  fence  named  in 
said  notice  is  situate,  and  do  determine,  that  the  same  may,  with 
propriety,  be  removed. 

Given,  &c.,  [as  in  Certificate  of  Value  of  Fence  by  an  adjoining 
owner.] 


240  MINORS, 

MINORS. 


In  law,  both  males  and  females  are  infants,  or  mnois,  till  tiiej 
arrive  at  the  age  of  twenty-one  years.  In  the  States  of  Vermont 
and  Ohio,  females  are  legally  of  age  at  eighteen. 

No  minor  can  bind  him  or  herself  by  contract- for  anything  except 
necessaries — such  as  food,  clothing,  or  education.  If  he  or  she  con- 
tracts for  other  than  necessaries,  on  attaining  his  or  her  majority, 
he  contract  is  void  or  voidable  at  his  or  her  option. 

Minors  can  do  no  act  to  the  injury  of  their  property.  In  caso 
one  should  do  so,  he  or  she  may  repudiate  or  rescind  it  on  arriving 
of  age. 

A  minor  whose  parents  may  have  released  his  claim  for  his  or 
her  labor,  or  the  wages  arising  therefrom,  is  not  thereby  enabled 
to  enter  into  contracts  which  he  or  she  may  not  at  any  time  annul  ; 
nor  has  a  parent  or  guardian  power  to  compel  him  or  her  to  make 
any  contract  which  he  or  she  is  not  disposed  to  enter  into. 

Every  contract  made  by  a  minor  which  is  to  his  or  her  injury  is 
void ;  but  a  contract  which  is  clearly  to  his  or  her  benefit  is  good ; 
and  any  contract  that  is  uncertain,  whether  injurious  or  beneficial, 
is  voidable  or  not,  as  he  or  she  may  choose. 

A  contract  for  necessaries  is  binding  on  a  minor  when  he  or  she 
becomes  of  age,  and  may  be  recovered  in  a  suit  of  law  ;  but  in 
order  to  recover  the  sum  due  for  them,  it  must  be  shown  that  the 
articles  were  really  necessary  for  him  or  her  under  the  circum- 
stances and  condition  in  which  ho  or  she  was  placed  when  they 
were  furnished.  The  real  circumstances  of  the  minor  must  be 
considered,  and  not  his  apparent  condition. 

Necessaries  for  a  minor's  wife  and  children,  or  for  either,  are 
necessaries  for  him. 

If  a  minor  obtain  goods  on  the  pretence  that  he  or  she  is  of  age> 
and  then  refuse  payment  on  the  ground  that  he  or  she  is,  or  was 
not  then  of  age,  the  creditor  cannot  recover  the  value  of  the  gooda, 
but  he  can  have  the  minor  so  guilty  punished  for  fraud. 

A  parent  is  not  bound  by  the  contract  of  his  son,  even  for  ne- 
cessaries, unless  an  actual  authority  can  be  shown,  or  the  circum- 
etances  be  sufficient  to  imply  such  authority.  What  circumstances 
are  sufficient  to  imply  an  authority  must  always  be  a  question  to 
determine  in  each  particular  case.  The  safest  rule  in  all  such 
instances,  however,  is  to  always  demand  a  written  order  or  au- 
thority. 

A  father  is  liable  for  necessaries  furnished  to  his  minor  children; 
but  they  must  be  strictly  necessaries — such  as  the  father  is  in  duty 
bound  to  supply,  but  has  failed  to  provide.  In  all  such  cases  the 
sums  due  therefor  may  be  recovered. 

If  a  minor  be  coaxed,  cajoled,  or  forced  into  an  unwilling  mar- 


BOWES.  241 

riage  or  other  contract,  he  or  she  may  repudiate  the  same  on 
becoming  of  age. 

When  a  minor  executes  a  contract,  and  pays  money,  or  delivers 
property  on  the  same,  he  cannot  afterward  disaffirm  such  contract 
and  recover  .the  money  or  property,  unless  he  restores  to  the  other 
party  the  consideration  received  from  him  for  such  money  or 
oroperty. 

DOWER. 

EVERY  married  woman  is  entitled  by  law  to  a  ono  third  interest 
in  all  real  property  that  may  be  left  by  her  husband.  This  prop- 
erty is  only  for  her  use  and  benefit  pairing  life.  She  can  neither 
sell  nor  give  it  away ;  at  her  death  it  descends  to  the  children,  if 
any ;  if  not,  then  to  her  husband's  nearest  relations.  This  third 
interest  is  termed  her  dower. 

An  interest  on  the  part  of  a  testator  that  his  bequest  to  his  wife 
shall  be  in  lieu  af  her  dower,  must  be  so  expressed,  or  must  appear 
as  satisfactorily  as  if  it  were  expressed,  or  she  will  be  still  entitled 
to  her  dower. 

A  widow  who,  as  administratrix  of  the  estate  of  her  late  husband, 
conveys  such  property,  in  whole  or  in  part,  to  another,  and  gives 
a  deed  of  warranty  for  the  same,  cannot  afterward  claim  her 
dower,  or  any  part  thereof,  from  such  property ;  the  deed  being 
good  to  the  holder  she  is  effectually  barred  from  all  interest  in  it 
thereafter. 

A  widow's  third-interest  is  in  the  lands,  and  not  on  the  crops 
nor  any  part  thereof  that  may  be  growing  on  the  lands  at  the  time 
of  her  husband's  decease.  The  crops  so  growing  at  that  time 
descend  to  the  heir,  and  if  the  widow  makes  use  of  what  she  rnis- 
takingly  considers  her  one  third  share,  she  is  liable  to  the  heir  for 
their  full  value. 

A  widow's  claim  for  dower  of  real  estate  is  not  subject  to  a  sot- 
off  for  damages,  nor  for  moneys  due  by  her,  nor  for  the  receipt  by 
her  of  rents  and  profits  of  the  whole  of  the  lands  in  which  she 
claims  dower.  Her  claim  to  the  land  is  as  good  as  would  be  the 
right  of  the  heir  in  such  a  case. 

A  married  woman,  in  signing  away  property,  with  and  at  the 
request  of  her  husband,  may,  if  she  so  pleases,  refuse  to  sign  away 
her  right  to  dower  in  such  property. 

If  a  married  woman  be  constrained  from  fear  of,  or  by  threats 
of  violence  on  the  part  of,  her  husband,  to  sign  off  hor  right  to 
dower  in  any  property,  she  may,  on  a  complaint  before  a  judge  of 
any  court  in  the  county  where  such  property  is  situate,  cause  tho 
deed  so  signed  by  her  to  bo  rendered  void  and  of  no  effect. 

No  court  will  interpose  to  carry  into  effect  an  important  gift  bv 


2£2  DISTRIBUTION    OF   PERSONAL   ESTATES. 

a  husband  to  his  wife,  except  upon  clear  evidence  that  the  hus- 
band understood  the  effect  of  his  act. 

When  a  man  agrees,  before  marriage,  to  relinquish  all  right  and 
title  to  his  wiife's  property  during  her  lifetime,  and  in  case  he 
should  survive  her,  the  wife  may  will  the  property  to  whom  she 
pleases. 

Deposits  of  money,  in  bank,  by  a  husband,  in  the  name  of  hia 
survives  to  the  wife. 


Distribution  of  Personal  Estates. 

The  statute  of  distributions  in  case  of  intestacy  is  as  follows  : 
Where  the  deceased  shall  have  died  intestate,  the  surplus  of 
Ms  personal  estate  remaining  after  payment  of  debts  ;  and  where 
the  deceased  left  a  will,  the  surplus  remaining  after  the  payment 
of  debts  and  legacies  if  not  bequeathed,  shall  be  distributed  to 
the  widow,  children,  »r  next  of -kin  of  the  deceased,  in  the  man- 
ner following : 

1.  One  third  part  thereof  to  the  widow,  and  all  the  residue  by 
equal  portions  among  the  children  and  such  persons  as  legally 
represent  such  children,  if  any  of  them  shall  have  died  before  the 
deceased. 

2.  If  there  be  no  children,  nor  any  legal  representative  of 
them,  then  one  moiety  (that  is  one  half)  of  the  -whole  surplus 
shall  be  allotted  to  the  widow,  and  the  other  moiety  shall  be  dis- 
tributed to  the  next  of  kin  of  the  deceased  entitled  under  the 
provisions  of  this  section. 

3.  If  the  deceased  leaves  a  widow,  and  no  descendant,  parent, 
brother  or  sister,  nephew,  or  niece,  the  widow  shall  be  entitled 
to  the  whole  surplus ;  but  if  there  be  a  brother  or  sister,  nephew 
or  niece,  and  no  descendant  or  parent,  the  widow  shall  be  en- 
titled to  a  moiety  of  the  surplus,  as  above  provided,  and  to  the 
whole  of  the  residue  where  it  does  not  exceed  two  thousand  dol- 
lars ;  if  the  residue  exceed  that  sum,  she  shall  receive,  in  addi- 
tion to  her  moiety,  two  thousand  dc  liars,  and  the  remainder 
shall  be  distributed  to  the  brothers  and  sisters,  and  their  repre- 
sentatives. 

4.  If  there  be  no  widow,  then  the  whole  surplus  shall  be  dis- 
tributed equally  to  and  among  the  children  and  such  as  legally 
represent  them. 

5.  In  case  there  be  no  widow  and  no  children,  and  nc  repre- 
sentatives of  a  child,  then  the  whole  surplus  shall  be  distributed 
to  the  next  of  kin>  in  equal  degree  to  the  deceased,  and  the  legal 
representatives. 

6.  If  the  deceased  shall  leave  no  children,  and  no  representa- 
tives of  them,  and  no  father,  and  shall  leave  a  widow  and  a  mo- 


DISTRIBUTION   OF   PERSONAL   ESTATES.  243 

ther,  the  moiety  not  distributed  to  the  widow  shall  be  distri- 
buted in  equal  shares  to  his  mother  and  brothers  and  sisters,  or 
the  representatives  of  such  brothers  and  sisters  ;  and  if  there  be 
no  widow,  the  whole  surplus  shall  be  distributed  in  like  manner 
to  the  mother  and  to  the  brothers  and  sisters,  or  the  representa- 
tives of  such  brothers  and  sisters. 

7.  If  the  deceased  leave  a  father,  and  no  child  or  descendant, 
the  father  shall  take  a  moiety,  if  there  be  a  widow,  and  the 
whole  if  there  be  no  widow. 

8.-  If  the  deceased  leave  a  mother,  and  no  child,  descendant, 
father,  brother,  sister,  or  representatives  of  a  brother  or  sister, 
the  mother,  if  there  be  a  widow,  shall  take  a  moiety,  and  the 
whole  if  there  be  no  widow.  And  if  the  deceased  shall  have 
been  illegitimate,  and  have  left  a  mother,  and  no  child  or  de- 
scendant or  widow,  such  mother  shall  take  the  whole,  and  shall 
be  entitled  to  letters  of  administration  in  exclusion  of  all  other 
persons,  in  pursuance  of  the  provisions  of  this  chapter.  And  if 
the  mother  of  such  deceased  be  dead,  the  relatives  of  the  de- 
ceased on  the  part  of  the  mother  shall  take  in  the  same  manner 
as  if  the  deceased  had  been  legitimate,  and  be  entitled  to  letters 
of  administration  in  the  same  order. 

9.  Where  the  descendants  or  next  of  kin  of  the  deceased,  en- 
titled to  share  in  his  estate,  shall  be  all  in  equal  degree  to  the 
deceased,  their  shares  shall  be  equal. 

10.  When  such  descendants  or  next  of  kin  shall  be  of  unequal 
degrees  of  kindred,  the  surplus  shall  be  apportioned  among 
those  entitled  thereto,  according  to  their  respective  stocks  ;  so 
that  those  who  take  in  their  own  right,  shall  receive  equal 
shares,  and  those  who  take  by  representation  shall  receive  the 
shares  to  which  the  parent  whom  they  represent,  if  living,  would 
have  been  entitled. 

11.  No  representation  shall  be  admitted  among  collaterals 
after  brothers'  and  sisters'  children. 

12.  Relatives  of  the  half  blood  shall  take  equally  with  those 
of  the  whole  blood  in  the  same  degree  ;  and  representatives  of 
such  relatives  shall  take  in  the  same  manner  as  the  representa- 
tives of  the  whole  blood. 

13.  Descendants  and  next  of  kin  of  the  deceased,  begotten  be- 
fore his  death,  but  born  thereafter,  shall  take  in  the  same  man  • 
ner  as  if  they  had  been  born  in  the  lifetime  of  the  deceased,  and 
had  survived  him. 

The  preceding  provisions  respecting  the  distribution  of  es- 
tates do  not  apply  to  the  personal  estates  of  married  women,  but 
their  husbands  may  demand,  recover,  and  enjoy  tlie  same  as 
they  are  entitled  by  the  rules  of  the  common  law. 

When  administration  is  granted  to  any  person  not  the  widow 
of  or  next  of  kin  to  a  deceased  person,  and  no  one  shall  appear 


244  PARTNERSHIP. 

to  claim  the  personal  estate  of  tlie  deceased  within  two  years 
after  such. letters  were  granted,  the  surplus  of  such  estate,  which 
would  be  distributed  as  aforesaid,  shall  be  paid  into  the 
Treasury  of  the  State,  for  tue  benefit  of  those  who  may  there- 
after appear  to  be  entitled  to  the  same. 

In  addition  to  the  provisions  in  favor  of  the  widow  and  minor 
children  from  the  personal  estate  of  her  husband,  it  is  provided, 
that  she  may  tarry  in  the  chief  house  of  her  husband  forty  days 
after  his  death ;  whether  hor  dower  be  sooner  assigned  or  not, 
Without  being  liable  to  any  rent  for  the  same,  and  in  the  mean- 
time she  shall  hava  her  reasonable  sustenance  out  of  the  estate 
of  her  husband.  This  sustenance  is  to  be  provided  out  of  the 
personal  property  of  the  husband,  and  through  the  executor  or 
administrator,  if  one  be  appointed  prior  to  the  expiration  of  the 
forty  days,  and  is  to  be  given,  according  to  the  circumstances 
and  station  in  life  of  the  family,  to  the  widow  and  necessarily  to 
the  children  dependent  on  her,  for  it  is  impossible  to  separate 
the  widow  from  her  infant  children. 

In  providing  this  sustenance,  the  executor  or  administrator 
must  exercise  judgment  and  discretion  in  the  same  manner  as  in 
paying  funeral  expenses.  Thus  if  the  estate  be  abundant  to  pay 
all  debts  without  doubt,  items  of  mourning  clothing  for  the 
widow  and  family  may  be  included  in  the  charges  for  sus- 
tenance ;  while  if  the  estate  be  involved,  and  the  question  should 
arise  as  against  creditors,  bare  necessaries  only  could  be  allowed. 


PARTNERSHIP 


PARTNERSHIP  is  a  voluntary  contract  of  two  or  more  persons  to 
unite  their  money,  effects,  labor  and  skill,  or  some  or  all  of  them, 
as  may  be  agreed  upon,  for  the  purpose  of  carrying  on  a  specified 
business,  with  the  understanding  that  both  shall  share  the  profit 
and  loss  arising  from  the  same  in  certain  proportions. 

There  may  be  a  partnership  in  a  single  transaction  as  well  as 
in  a  continuing  business  ;  between  persons  out  of  trade  as  well  as 
in ;  inasmuch  as  in  either  case  there  may  be  a  combination  of 
property  or  labor  in  order  to  a  common  undertaking  and  a  com- 
mon profit. 

If  one  advances  money,  and  another  furnishes  personal  services 
in  carrying  on  a  business,  and  is  to  share  in  the  profits,  it  amounts 
to  a  partnership. .  So,  if  one  participates  in  the  profits  and  less  of 
a  purchase  or  sale,  he  is  partner  in  the  same. 

There  are  five  kinds  of  partners,  viz. :  1,  Ostensible:  23  Nominal  • 
8,  Dormant:  4,  Spwial;  and  5,  General. 


PARTNERSHIP.  245 

Ostensible  partners  are  they  whose  names  appear  to  the  public 
as  partners. 

Nominal  partners  are  they  who  have  no  interest  in  the  business, 
but  allow  their  names  to  be  used  by  the  firm. 

Dormant  (or  silent)  partners  are  they  who  have  an  interest  in 
the  business,  but  whose  names  are  not  known  to  the  public. 

Special  partners  are  they  who  are  interested  in  the  business  only 
to  the  amount  of  capita.,  they  have  invested  in  it.  [Special  part- 
nerships are  governed  altogether  by  statute,  and  can  only  be 
entered  into  by  strictly  conforming  to  the  statute  regulations  of 
the  State  where  the  partnership  is  formed — each  State,  as  a  gen- 
eral thing,  having  its  own  regulations  for  this  delicate  kind  of 
partnership.  No  prudent  man  should  form  such  a  parternership 
without  consulting  a  sound  lawyer.] 

General  partners  consist  generally  of  one  or  more  partners  who 
manage  the  business,  while  the  capital,  in  whole  or  in  part,  but 
principally  in  part,  is  supplied  by  a  special  partner  or  partners. 
General  partners  are  liable  for  all  the  debts  and  contracts  of  the 
firm.  A  nominal  partner  is  liable  for  all  the  debts  and  contracts 
of  the  firm.  A  special  partner  is  generally  liable  only  for  the 
amount  of  the  capital  he  invests  in  the  partnership. 

Any  one  who  permits  his  name  to  be  used  in  a  firm,  or  who 
shares  in  the  profit  of  the  business,  is  liable  to  creditors  as  a 
partner. 

Each  individual  in  a  partnership  is  liable  to  the  whole  amount 
of  the  debts  of  the  firm,  whether  he  be  active,  nominal  or 
dormant. 

The  acts  of  one  partner  bind  all  the  others,  when  such  acts  are 
done  in  the  usual  course  of  business  of  the  firm.  This  stands 
good,  although  they  may  have  agreed  among  themselves  that  ho 
shall  have  no  such  authority. 

When  parties  have  a  mutual  interest  in  the  profit  and  loss  of 
any  business  carried  on  by  them,  and  when  they  hold  themselves 
out  to  the  public  as  joint  traders,  they  may  be  held  responsible 
as  partners  by  third  persons,  whatever  may  be  the  real  nature  of 
their  connection. . 


Articles  of  Copartnership. 

Articles  of  copartnership,  made  this  12th  day  of  September, 
18G3,  by  and  between  E.  D.  and  II.  A.,  both  of  the  city  of 
Albany. 

The  said  parties  hereby  agree  to  form  and  do  form  a  co- 
partnership, for  the  purpose  of  carrying  on  the  general  produce 
and  commission  business  on  the  following  terms  and  articles  of 
agreement,  to  the  faithful  performance  of  which  they  mutually 


246  PABTNEESHIP. 

engage  and  bin:!  themselves.  The  style  and  name  of  the  co- 
partnership shall  be  D.  and  A.,  and  shall  commence  on  the  20tb 
day  of  September,  1863. 

Each  of  said  parties  agree  to  contribute  to  the  funds  of  the 
partnership  the  sum  of  $1,000  in  cash,  which  shall  be  paid  in  on 
or  before  the  20th  of  September,  1863;  and  each  of  said  parties 
shall  devote  and  give  all  his  time  and  attention  to  the  business, 
and  to  the  care  and  superintendence  of  the  same. 

All  profits  which  may  accrue  to  the  said  partnership  shall  be 
divided,  and  all  losses  happening  to  the  said  firm,  whether  from 
bad  debts,  depreciation  of  goods,  or  any  other  cause  or  acci- 
dent, and  all  expenses  of  the  business,  shall  be  borne  by  the  said 
parties  equally. 

All  the  purchases,  sales,  transactions  and  accounts  of  the  said 
firm  shall  be  kept  in  regular  books,  which  shall  be  always  open 
to  the  inspection  of  both  parties,  and  their  legal  representatives, 
respectively.  An  account  of  stock  shall  be  taken,  and  an  ac- 
count between  the  parties  shall  be  settled  as  often  as  once  a 
a  year,  and  as  much  oftener  as  either  partner  may  desire  &nd  in 
writing  request. 

Neither  of  the  said  parties  shall  subscribe  any  bond,  sign  or 
indorse  any  note  of  hand,  accept,  sign  or  indorse  any  draft  or 
bill  of  exchange,  or  assume  any  other  liability,  verbal  or  written, 
either  in  his  own  name  or  in  the  name  of  the  firm,  for  the  accom- 
modation of  any  other  person  or  persons  whatsoever,  without  the 
consent  in  writing  of  the  other  party  ;  nor  shall  either  party  lend 
any  of  the  funds  of  the  copartnership  without  such  consent  of 
the  other  party. 

Neither  party  shall  be  engaged  in  any  other  business,  nor  shall 
either  party  withdraw  from  the  joint  stock  any  more  than  $100 
per  quarter  or  $400  per  year. 

On  the  dissolution  of  this  copartnership,  if  the  said  parties  01 
their  legal  representatives  cannot  agree  in  the  division  of  the 
stock  then  on  hand,  the  whole  copartnership  effects,  except  the 
debts  due  the  firm,  shall  be  sold  at  public  auction,  at  which 
both  parties  shall  be  at  liberty  to  bid  and  purchase  like  other 
individuals,  and  the  proceeds  to  be  divided  after  paying  the 
debts  of  the  firm. 

For  the  purpose  of  securing  the  performance  of  the  foregoing 
agreements,  it  is  agreed  that  either  party,  in  case  of  any  viola- 
tion of  them  or  either  of  them  by  the  other,  shall  have  the  right 
to  dissolve  this  copartnership  forthwith  on  his  becoming  in- 
formed of  such  violation. 

In  witness  whereof  the  said  parties  have  hereto  set  their  hands 
and  seals  the  day  and  year  first  above  written. 


E.  D.  [L.  s.] 

[L.8.] 


H.A. 


LIABILITIES   OP  COMMON  CARRIERS.  24 Y 


LIABILITIES     OF    COM  MOIST 


A  COMMON  carrier  is  defined  in  law  as  a  person  who  carries 
goods  or  packages,  by  land  or  water,  as  a  business ;  owners  of 
stage  wagons,  stage  coaches,  rail  cars,  cartmen,  teamsters,  porters, 
owners  and  masters  of  vessels,  canal  boatmen,  barge  owners,  &c., 
are  common  carriers. 

Common  carriers  are  liable  for  the  entire  value  of  all  gooda 
intrusted  to-  them,  if  not  delivered  to  the  parties  to  whom  they 
are  directed.  They  are  not  liable  for  the  loss  of  goods  when  such 
loss  is  caused  by  lightnings,  storms,  hurricanes,  earthquakes,  de- 
cay, spontaneous  combustion,  leakage  of  casks  or  carelessness  of 
shippers,  nor  in  case  they  are  captured  or  destroyed  by  pirates. 
But  in  all  other  cases  the  caarier  is  responsible  for  the  full  value 
of  all  goods  he  undertakes  to  transport. 

The  owner  or  master  of  any  vessel  that  is  publicly  open  to 
transport  anybody's  goods  to  any  designated  foreign  or  domestic 
port  is  liable  as  a  common  carrier ;  but  a  vessel  that  transports 
goods  for  one  or  more  particular  parties  does  not  come  under  the 
carrier  laws,  nor  yet  an  owner  who  lets  the  tonnage  to  particular 
shippers.  If  the  owners  charter  a  vessel  to  certain  persons  for  a 
voyage,  at  a  stipulated  freight,  they  are  liable  as  common  car- 
riers, unless  the  terms  of  the  charter  party  relieve  them. 

Common  carriers  are  responsible  for  the  acts  of  all  persons  in 
their  employ ;  the  act  of  the  agent  or  servant  being  regarded  as 
the  act  of  the  principal  and  master. 

Steamboats  that  tow  vessels,  and  private  persons  conveying 
goods  fo~!  another  on  a  special  occasion,  are  not  liable  as  common 
carriers, 


248  LIABILITIES   OB    COMMON    CARRIERS. 

Owners  of  passenger  conveyance,  such  as  stages,  carriages,  &o , 
are  liable  as  common  carriers  for  all  luggage  or  baggage  intrust- 
ed to  their  care,  but  not  for  goods,  unless  under  a  special  agree- 
ment. 

Injuries  tc  goods  by  strangers  must  be  made  up  by  the  carrier 
He  is  responsible  for  all  damage  to  goods  in  his  care  by  accidental 
fires,  thefts,  and  robberies. 

A  common  carrier  is  bound  by  law  to  deliver  all  goods  in  the 
same  good  order  as  when  intrusted  to  him.  He  must  receive  all 
such  goods  as  are  offered  for  the  place  at  which  he  carries  from 
any  person  willing  or  offering  to  pay  the  usual  or  a  reasonable 
freight-charge.  He  may  refuse  to  take  them  if  his  vessel  or  other 
means  of  transport  is  full,  or  if  the  goods  aie  dangerous  to  be 
carried,  or  till  he  is  ready  to  receive  them,  or  if  they  are  goods  it 
is  not  his  custom  to  carry,  or  for  a  good  reason. 

A  carrier  is  not  liable  for  loss  by  the  freezing  up  of  a  river  or 
canal,  unless  it  can  be  shown  that  he  neglected  to  use  due  dili- 
gence ;  nor  for  the  leakage  of  a  vessel  in  a  storm,  nor  for  losses 
from  collision  of  his  ship  with  another,  except  in  cases  of  negli- 
gence. 

A  carrier  is  liable  for  goods  from  the  moment  they  are  delivered 
into  his  hands. 

A  carrier  is  not  liable  for  goods  unless  they  are  actually  placed 
in  his  hands.  When  goods  have  reached  the  destined  place,  they 
must  be  delivered  to  the  proper  person  or  his  agent.  If  the  latter 
accepts  the  delivery,  the  carrier  is  no  longer  responsible. 

A  carrier  is.  liable  for  losses  from  deposits  or  storages  of  gooda 
on  the  route ;  but  if  goods  are  left  in  his  possession  an  unreasonable 
time,  he  is  only  bound  to  give  them  ordinary  care. 

No  contract,  nor  public  or  personal  notice,  will  exempt  the  car- 
rier of  goods  from  losses  caused  by  his  own  neglect  or  fraud  or 
that  of  his  agents ;  but  any  notice  of  the  carrier  to  the  shipper  that 
he  will  not  take  goods  of  great  value,  or  that  he  will  not  pay  more 
than  a  specified  sum,  unless  specially  informed  of  such  value,  is 
good.  All  ambiguous  notices  will  be  construed  against  the  car- 
rier. Notices  at  each  end  of  a  route  will  nob  bind  parties  who 
ship  at  intermediate  places,  unless  such  notice  is  specially  made 
thereon  to  them.  A  personal  notice  to  the  principal  is  binding  on 
all  his  agents  who  may  forward  goods  by  the  same  line.  If  the 
owner  of  goods  mislead  the  carrier  as  to"  their  value,  or  make  false 
statements  calculated  to  lessen  his  vigilance,  it  is  a  fraud  upon 
him. 

Where  there  is  no  notice,  or  special  contract,  it  is  enough  for 
the  owner  to  show  the  carrier's  undertaking  the  ourriage  of  hia 
goods,  and  a  non-delivery.  The  carrier  must  show  why  he  did 
not  deliver ;  but  when  there  is  a  notice,  the  owner  must  show  a 
of  ordinary  prudence  in  the  carrier.  A  valid  seizure  of  gooda 


FKE-KMPTION   TO   PUBLIC    LAX1>3»  249 

because  of  an  illegal  act  of  the  owner,  will  excuse  a  non-delivery , 
but  the  seizure  must  be  valid,  or  the  carrier  will  be  liable.  The 
carrier  is  authorized  to  put  any  claimant  to  the  proof  as  to  his 
title  to  take  the  goods;  should  he  neglect  to  do  this,  he  is  liable. 
In  case  of  stolen  goods,  the  carrier  mnst  deliver  them  to  the 
owner  on  demand. 

A  carrier  has  a  right  to  demand  payment  when  he  receives  the 
goods  ;  if  his  demand  is  not  complied  with,  he  may  refuse  to  take 
the  goods.  But  if  he  take  them,  to  be  paid  at  the  end  of  the 
route,  he  may  detain  them  till  paid,  on  his  arrival  there. 

Common  carriers  are  bound  to  carry  passengers  safely  and  pro 
perly  to  the  place  agreed  upon,  and  are  responsible  for  all  neglect. 
In  case  of  an  accident  on  the  way,  the  carrier  has  to  show  that  it 
was  not  his  fault.  All  passengers  are  to  be  treated  impartially  for 
the  general  benefit.  Ilude,  coarse,  or  suspicious  persons  may  be 
refused.  The  conveyance  must  be  suitable  for  the  passage,  and 
have  skilful,  prudent  conductors  and  servants.  The  baggage  of 
passengers  must  be  duly  delivered  to  them,  or,  if  so  requested,  the 
carrier  must  hold  it  for  them  a  reasonable  time. 

In  the  case  of  a  rash,  careless,  or  violent  driver,  who  causes  in- 
jury to  the  passengers  or  goods  by  racing,  running  foul  of  other 
vehicles,  the  proprietors  are  liable. 

A  carrier  may  retain  baggage  for  unpaid  fare. 


PKE-EMPTION  TO  PUBLIC  LANDS. 

Any  individual  claiming  the  benefits  of  tk  e  Pre-Emption  act  must 


First.  A  citizen  of  the  United  States,  or  have  filed  his  declaration 
of  intention  to  become  a  citizen. 

Second.  Either  the  head  of  a  family,  or  a  widow,  or  a  single  mar 
over  the  age  of  twenty-one  years. 

Third.  An  inhabitant  of  the  tract  sought  to  be  entered,  upon  which, 
in  person,  he  has  made  a  settlement  and  erected  a  dwelling-house 
since  the  1st  of  June,  1840,  and  prior  to  the  time  when  the  land 
is  applied  for ;  which  land  must,  at  the  date  of  the  settlement,  havs 
had  the  Indian  title  extinguished  and  been  surveyed  by  the  United 
States. 

A  person  failing  in  any  one  of  these  requisites  can  have  no  claim  by 
virtue  of  this  act. 

A  person  bringing  himself  within  each  of  the  above  requirements  by 
proof  satisfactory  to  the  Register  and  Receiver  of  the  land  district  IB 
which  the  lands  may  lie,  taken  pursuant  to  the  rules  hereinafter  pre 
scribed,  will,  after  having  taken  the  affidavit  required  by  the  act,  be  en- 
titled  to  enter,  by  legal  subdivisions,  any  number  of  acres  not  exceeding 
one  hundred  and  sixty,  or  a  quarter-section,  to  include  his  residence 
and  he  may  avail  himself  of  the  same  at  any  tim«  prior  to  Iho  day  Q!  tha 


250  PRE-EMPTION   TO   PUBLIC    UtNDS. 

soinmencement  of  the  public  sale,  including  said  tract,  where  the  land 
has  not  yet  been  proclaimed. 

Where  the  land  was  subject  to  private  entry  at  the  date  of  the  law, 
and  a  settlement  shall  thereafter  be  made  upon  such  land,  or  where  the 
land  shall  hereafter  become  subject  to  private  entry,  and  after  that  period 
a  settlement  shall  be  made,  which  the  settler  is  desirous  of  securing  under 
this  act,  such  notice  of  his  intentions  must  be  given  within  thirty  days 
after  the  date  of  such  settlement.  Such  notice,  in  all  cases  must  be  a 
written  one,  describing  the  land  settled  upon,  and  declaring  the  intention 
of  such  person  to  claim  the  same  under  the  provisions  of  this  act.  iSce 
forms  A  and  B,  hereto  annexed 

In  all  such  cases,  the  proof,  affidavit,  and  payment,  must  be  made 
within  twelve  months  after  the  date  of  such  settlement. 

The  tracts  liable  to  entry  under  this  act  are  some  one  of  the  following 
designations : 

First.  A  regular  quarter-section,  notwithstanding  its  quantity,  may 
be  a  fe\v  acres  more  or  less  than  one  hundred  and  sixty  ;  or  a  quarter- 
section,  which,  though  fractional  in  quantity  by  the  passage  of  a  navi- 
gable stream  through  the  same,  is  still  bounded  by  regular  sectional  and 
quarter-sectional  lines. 

Second.  A  fractional  section,  containing  not  over  one  hundred  and 
sixty  acres,  or  any  tract  being  a  detached  or  anomalous  survey  made 
pursuant  to  law,  and  not  exceeding  said  quantity. 

Third.  Two  adjoining  half  quarter-sections  (in  all  cases  to  be  separated 
by  a  north  and  south  line,  except  on  the  north  side  of  townships,  where 
the  surveys  are  so  made  as  to  throw  the  excess  or  deficiency  on  the 
north  and  we&t  side  of  the-township)  of  the  regular  quarters  mentioned 
in  the  first  designation ;  or,  two  adjoining  eighty-acre  subdivisions  of 
the  irregular  quarters  found  on  the  north  and  west  side  of  townships, 
where  more  than  two  such  subdivisions  exist,  or  the  excess  may  render 
them  necessary,  provided  in  the  latter  case  the  aggregate  quantity  does 
not  exceed  one  hundred  and  sixty  acres. 

Fourth.  Two  halr  quarter  or  eighty-acre  subdivisions  of  a  fractional 
or  broken  section,  adjoining  each  other,  the  aggregate  quantity  not  ex- 
ceeding one  hundred  and  sixty  acres 

Fifth.  A  regular  half-quarter  and  an  adjoining  fractional  section,  or 
an  adjoining  half-quarter  subdivision  of  a  fractional  section,  the  aggre- 
gate quantity  not  exceeding  one  hundred  and  sixty  acres. 

Sixth.  If  the  pre-emptor  should  not  wish  to  enter  the  quantity  of 
one  hundred  and  six*ty  acres,  he  may  enter  a  single  half-quarter  section, 
(made  by  a  north  and  south  line,)  or  an  eighty-acre  subdivision  of  a 
fractional  section. 

Scncnth.  One  or  more  adjoining  forty-acre  lots  may  be  entered,  the 
aggregate  not  exceeding  one  hundred  and  sixty  acres. 

Eighth.  A  regular  half-quarter,  a  half-quarter  subdivision,  or  a 
fractional  section,  may  each  be  taken,  with  one  or  more  forty-acre  sub- 
divisions lying  adjoining,  the  aggregate  not  exceeding  one  hundred  and 
sixty  acres. 

Only  one  person  on  a  quarter-section  is  protected  by  this  law,  and 
that  is  the  one  who  made  the  first  settlement,  provided  he  shall  liave  con- 
formed to  the  other  provisions  of  the  law. 


PRE-EMPTION   TO   PUBLIC    LANDS.  251 

A  person  who  has  once  availed  himself  of  the  provisions  of  this  oof 
cannot-,  at  any  future  period,  or  at  any  other  land  office,  acquire  anothei 
right  under  it. 

No  person  who  is  the  proprietor  cf  three  hund'ed  and  twenty  acres  of 
land  in  any  State  or  Territory  of  the  United  States,  is  entitled  to  the 
benefits  of  this  act. 

No  person  who  shall  quit  or  abandon  his  residence  on  his  own  land  to 
reside  on  the  public  land  in  the  same  State  or  Territoii,,  is  entitled  to 
the  benefits  of  this  act. 

No  pre-emption  right  exists  by  reason  of  a  settlement  on  and  inhabi- 
tancy of  a  tract,  unless  at  the  date  of  such  settlement  the  Indian  title 
thereto  had  been  extinguished,  and  the  land  surveyed  by  the  United 
States. 

The  appro  ^al  of  the  r-lat  is  the  evidence  of  the  legality  of  the  survey ; 
but  in  accordance  with  the  spirit  and  intent  of  the  law,  and  for  the  pur- 
pose of  bringing  the  settler  within  its  provisions,  the  land  is  to  be  con- 
strued as  surveyed,  when  the  requisite  lines  are  run  on  the  iield  and  on 
the  corners  established  by  the  deputy  surveyor. 

No  assignments  or  transfers  of  pre-emption  rights  can  be  recognised. 
The  patents  must  issue  to  the  claimants,  in  whose  names  alone  all  en- 
tries must  be  made. 


Sundry  Descriptions  of  Land  which  are  exempted  from  the 
Operations  of  this  Act. 

First.  Lands  included  in  any  reservation  by  any  treaty,  law,  or  proc. 
lamation  of  the  President  of  the  United  States,  and  lands  reserved  for 
salines  and  for  other  purposes. 

Second.     Lands  reserved  for  the  support  of  schools. 

Third.  Lands  acquired  by  either  of  the  two  last  treaties  with  the 
Miami  tribe  of  Indians  in  the  State  of  Indiana,  or  which  may  be  ac- 
quired of  the  Wyandot  tribe  of  Indians  in  the  State  of  Ohio,  or  other 
Indian  reservation  to  which  the  title  has  been  or  may  be  extinguished 
by  the  United  States  at  any  time  during  the  operation  of  this  act. 

Fourth.  Sections  of  land  reserved  to  the  United  States,  alternate  to 
other  sections  granted  to  any  of  the  States  for  the  construction  of  any 
canal,  railroad,  or  other  public  improvement. 

Fifth.  Sections  or  fractions  of  sections  included  within  the  limits  of 
any  incorporated  town.  , 

Sixth.  Every  portion  of  the  public  lands  which  has  been  selected  aa 
a  site  for  a  city  or  town. 

Seventh  Every  parcel  or  lot  of  land  actually  settled  and  occupied  for 
the  purposes  of  trade,  and  not  agriculture. 

Eighth.  All  lands  on  which  are  situated  any  known  salines  or 
mines. 

Persons  claiming  the  benefit  of  this  act  are  required  to  file  duplicate 
affidavits,  such  as  the  law  lequires,  arid  to  furnish  proof  by  one  or  more 
disinterested  witnesses,  of  the  facts  necessary  to  establish  the  three 
requisites  pointed  out  in  the  commencement  of  these  instructions. 

The  'witnesses  are  to  be  first  duly  siroru  or  affirmed  to  speak  the 


252  PRE-EMPTION   TO   PUBLIC   LANI>S. 

truth,  and  the  who^e  truth,  touching  the  subject  of  inquiry,  by  some 
officer  competent  to  administer  oaths  and  affirmations. 

Iii  case  adverse  claims  shall  be  made  to  the  same  tract,  each  claim- 
ant must  be  notified  of  the  time  and  place  of  taking  testimony^  and 
allowed  the  privilege  of  cross-examining  the  opposite  witnesses,  and  of 
producing  counter  proof,  which  should  also  be  subject  to  cross- 
examination. 

When,  by  reason  of  distance,  sickness,  or  infirmity,  the  witnesses 
cannot  come  before  the  Register  of  the  Land  Office,  the  latter  is  author- 
ized to  receive  their  depositions  ;  which  must  be,  in  all  other  respects, 
confoi-mabls  to  the  wit!  in  regulations. 

The  notice  to  adverse  claimants  should  be  in  writing,  and  should  be 
served  in  time  to  allow  at  least  a  day  for  every  twenty  miles  the  party 
may  have  to  travel  in  going  to  the  place  of  taking  evidence.  The 
proof,  in  all  cases,  should  consist  of  a  simple  detail  of  facts  merely,  and 
not  of  statements  in  broad  or  general  terms. 

i  The  witnesses  must  state,  if  the  pre-emptor  be  the  "  head  of  a  fam- 
ily," the  facts  which  constitute  him  such,  whether  a  husband  having  a 
wife  and  children,  or  a  widower,  or  an  unmarried  person  under  twenty- 
one  years  of  age,  having  a  family,  either  of  relatives  or  others  depending 
upon  him,  or  hired  persons,  or  slaves. 

All  the  facts  respecting  the  settlement  in  person,  inhabitancy  or  per- 
sonal residence,  the  time  of  commencement,  the  manner  and  extent  o* 
continuance,  as  well  as  those  showing  the  apparent  objects,  should  be 
Btated. 

It  must  be  stated  that  the  claimant  made  the  settlement  on  the  land 
in  person ;  that  be  has  erected  a  dwelling  upon  the  land  ;  that  the  claim- 
ant lived  in  it,  and  made  it  his  home,  <fcc.  Should  the  land  officer  de- 
cide against  a  claimant,  he  may  appeal  to  the  commissioner  of  the  land 
office  at  Washington. 

The  affidavit  of  the  claimant  in  reference  to  the  fact  of  .settlement, 
&c.,  is  not  required.  The  only  affidavit  required  of  the  claimant  ia 
that  prescribed  by  the  13th  section  of  the  act.  (See  form  C,  hereunto 
annexed  ) 

No  entry  must  be  permitted  until  this  affidavit  is  taken.  Duplicates 
thereof  must  be  signed  by  the  claimant,  and  the  fact  of  the  oath  being 
taken  must  be  certified  by  the  Register  or  Receiver  administering  it ; 
one  copy  to  be  filed  in  the  Register's  office,  and  the  other  to  be  trans- 
mitted to  the  land  office  at  Washington. 


Declaratory  Statements  of  a  Settler  on  Land  Subject  to  Pri- 
vate Entry  at  the  Date  of  Settlement,  required  by  the 
Fifteenth  Section  of  the  Act  of  4th  Sept.,  1841. 

FORM  A. 

TOB   CASES    WHERE.  AT    THE    DATE    OP    THE    LAW,    THE    LAND    CLAIMED  WAS 
SUBJECT  TO  PRIVATE  ENTRY. 

I,  A.  B.,  of  ,  being  [the  head  of  a  family  or  widow,  or  single 

wan  over  the  age  of  twenty-one  years,  as  the  ca°3  may  be,  and  a  citizen 


PRE-EMPTION    TO    PUBLIC    LANDS.  253 

af  the  United  States,  or  having  filed  my  declaration  to  become  a  citizen 
as  required  by  the  naturalization  laws,  as  the  case  may  be^  have,  since 

the  iirst  day  of  June,  1840,  to  wit,  on  the day  of ,  A.  D  ,  185-—, 

settled  and  improved  the quarter  section,  number ,  in  town- 
ship number ,  of  range  number ,  in  the  dit  trict  of  lands  sub- 
ject to  sale  at  the  land  office  at  ,  and  containing acres,  which 

land  was  subject  to  private  entry  at  the  passage  of  the  act  of  4t"i  of  Sep- 
tember, 1841 ;  and  I  do  hereby  declare  my  intention  to  claim  the  said 
tract  of  land  as  a  pre-emption  right  under  the  provisions  of  said  act  of 
4th  September,  1841. 

Given  under  my  hand,  this day  of ,  A.  D.,  186 — . 

(Signed)  A.  B. 

In  presence  of 

C.  D. 


FORM  B. 

FOR  CASES  WHERE  THE    LAND    CLAIMED    SHALL    HAVE    BEEN    RENDERED  SUB- 
JECT TO  PRIVATE  ENTRY  SINCE  THE  DATE  OF  1HE  LAW. 

I,  A.  B.,  of ,  being  [the  .head  of  a  family,  or  widow,  or  single 

man  over  the  age  of  twenty-one  years,  as  the  case  may  be,  a  citizen 
of  the  United  States,  or  having  filed  my  declaration  to  become  a  citizen, 
as  required  by  the  naturalization  laws,  as  the  case  may  be]  did,  on  the 

day  of  ,  A,  D.,  185-,  settle  and  improve  the  quarter  of 

section  number ,  in  township  number of  range  number , 

in  the  district  of  lands  subject  to  sale  at  the  land  office  at ,  and  con- 
taining   '-  acres,  which  land  has  been  rendered  subject  to  private  entry 

since  the  passage  of  the  act  of  4th  of  September,  1841,  but  prior  to  my 
settlement  thereon ;  and  I  do  hereby  declare  my  intention  to  claim  the 
eaid  traet  of  land  as  a  pre-emption  right,  under  the  provisions  of  said 
Mt  of  4th  September,  1841. 

Given  under  my  hand,  this day  of ,  A.  D.,  186 — . 

(Signed)  A.  B, 

In  presence  of 

C  D. 

FORM  C. 

AFFIDAVIT  REQUIRED  OF    PRE-EMPTION  CLAIMANT. 

1,  A.  B.,  claiming  the  right  of  pre-emption  under  the  provisions  of  the 
b«t  of  Congress,  entitled  u  An  act  to  appropriate  the  proceeds  of  the 
»ale  of  the  public  lauds,  and  to  grant  pre-emption  rights,"  approved 

September  4th,  1841,  to  the  quarter  of  section  number ,  of 

township  number ,  of  range  number ,  subject  to  sale  at , 

do  solemnly  swear  [or  affirm,  as  the  case  may  be]  that  I  have  never 
had  the  benefit  of  any  right  of  pre-emption  under  this  act ;  that  I  am 
not  the  owner  of  three  hundred  and  twenty  acres  of  land  in  any  State 
or  Territory  of  the  United  States,  nor  have  I  settled  upon  .and  improved 
said  land  to  sell  the  same  on  speciilation,  tut  in  good  faith  to  appro- 
priate it  to  my  own  exclusive  use  or  benefit ;  and  th*t  I  have  not  <ii 


254  PKE-EMTTION  TO  PUBLIC  LANDS. 

rectly  or  indirectly,  made  any  agreement  or  contract,  in  any  way  or 
manner,  with  any  person   or  persons  whatsoever,   by  which  the  title 
which  I  may  acquire  from  the  government  of  the  United  States  should 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  myself. 
(Signed)  A.  B. 

I,  0.  D.,  Register,  [or  E.  F.,  Receiver]  of  the  land  office  at ,  do 

hereby  certify  that  the  above  affidavit  was  taken  and  subscribed  before 

me,  this day  of ,  A.  D.,  18G — . 

(Signed)  C.  D.,  Register. 

Or,  E.  F.,  Receiver 

The  following  is   the  Act  of  'Congress   on  which   the  foregoing  ". 
founded : 

An  Act  to  appropriate  the  Proceeds  of  the  Sales  of  the  Public 
Lands  and  to  grant  Pre-Emption  Eights. 

SEC.  10.  And  be  it  further  enacted,  That  from  and  after  the  passage  of 
this  act,  every  person,  being  the  head  of  a  family,  or  widow,  or  single 
man  over  the  age  of  twenty -one  years,  and  being  a  citizen  of  the  United 
States,  or  having  filed  his  declaration  of  intention  to  become  a  citizen,  as 
required  by  the  naturalization  laws,  who,  since  the  first  day  of  June, 
A.  D.  eighteen  hundred  and  forty,  has  made,  or  shall  hereafter  make,  a 
settlement  in  person  on  the  public  lands  to  which  the  Indian  title  had 
been,  at  the  time  of  such  settlement,  extinguished,  and  which  has  been, 
or  shall  have  been  surveyed  prior  thereto,  and  who  shall  inhabit  and 
improve  the  same,  and  who  has  or  shall  erect  a  dwelling  thereon,  shall 
be,  and  is  hereby  authorized  to  enter  with  the  register  of  the  land  office, 
for  the  district  in  which  such  land  may  lie,  by  legal  subdivisions,  any 
number  of  acres  not  exceeding  one  hundred  and  sixty,  or  a  quarter- 
section  of  land,  to  include  the  residence  of  such  claimant,  upon  paying 
to  the  United  States  the  minimum  price  of  such  land,  subject,  however, 
to  the  following  limitations  and  exceptions :  No  person  shall  be  en- 
titled to  more  than  one  pre-emptive  right  by  virtue  of  this  act ;  no 
person  who  is  the  proprietor  of  three  hundred  and  twenty  acres  of  land 
in  any  State  or  Territory  of  the  United  States,  and  no  person  who  shall 
quii  or  abandon  his  residence  on  his  own  land  to  reside  on  the  public 
land  in  the  same  State  or  Territory,  shall  acquire  any  right  of  pre- 
emption under  this  act;  no  lands  included  in  any  reservation,  by  any 
treaty,  law,  or  proclamation  of  the  President  of  the  United  States,  or 
reserved  for  salines,  or  for  other  purposes ;  no  lands  reserved  for  the  sup- 
port of  schools,  nor  the  lands  acquired  by  either  of  the  two  last  treaties 
with  the  Miami  tribe  of  Indians  in  the  State  of  Indiana,  or  which  may 
be  acquired  of  the  Wyandot  tribe  of  Indians  in  the  State  of  Ohio,  or 
other  Indian  reservation  to  which  the  title  has  been  or  may  be  extin- 
guished by  the  United  States  at  any  time  during  the  operation  of  this 
act ;  no  sections  of  land  reserved  to  the  United  States  alternate  to  other 
sections  granted  to  any  of  the  States  for  the  construction  of  any  canal, 
railroad,  or  other  public  improvement ;  no  sections  or  fractions  of  sec- 
tions included  .within  the  limits  of  any  incorporated  town  :  no  portions 


PRE-EMPTION   TO   PUBLIC   LA.NDS.  255 

of  the  public  lands  which  have  been  selected  as  the  site  for  a  city  of 
town ;  no  parcel  or  lot  of  land  actually  settled  and  occupied  for  the 
purposes  of  trade  and  not  agriculture  ;  and  no  lands  on  which  are  situ- 
ated any  known  salines  or  mines,  shall  be  liable  to  entry  under  and  by 
virtue  of  the  provisions  of  this  act.  And  so  much  of  the  proviso  of  the 
act  of  twenty-second  of  June,  eighteen  hundred  and  thirty-eight,  or 
any  order  of  the  President  of  the  United  States,  as  directs  certain  reser- 
vations'to  be  made  in  favor  of  certain  claims  under  the  treaty  of  Dancing- 
rabbit  creek,  be,  and  the  same  is  hereby  repealed  :  Provided,  That 
Buch  repeal  shall  not  affect  any  title  to  any  tract  of  land  secured  in 
virtue  of  said  treaty. 

SEC.  11.  And  be  it  further  enacted,  That  waen  two  or  more  persons 
shall  have  settled  on  the  same  quarter-section  of  land,  the  right  of  pre- 
emption shall  be  in  him  or  her  who  made  the  first  settlement,  provided 
such  persons  shall  conform  to  the  other  provisions  of  this  act ;  and  all 
questions  as  to  the  right  of  pre-emption  arising  between  different  settlers 
shall  be  settled  by  the  register  and  receiver  of  the  district  within  which 
the  land  is  situated,  subject  to  an  appeal  to  and  a  revision  by  the  Secre- 
tary of  the  Treasury  [Interior]  of  the  United  States. 

SEC.  12.  And  be  it  further  enacted,  That  prior  to  any  entries  being 
made  under  and  by  virtue  of  the  provisions  of  this  act,  proof  of  the  set- 
tlement and  improvement  thereby  required  shall  be  made  to  the  satis- 
faction of  the  register  and  receiver  of  the  land  district  in  which  suck 
lands  may  lie,  agreeably  to  such  rules  as  shall  be  prescribed  by  the 
Secretary  of  the  Treasury,  [Interior,]  who  shall  each  be  entitled  to  re- 
ceive fifty  cents  from  each  applicant  for  his  services,  to  be  rendered  as 
aforesaid  ;  and  all  assignments  and  transfers  of  the  right  hereby  secured, 
prior  to  the  issuing  of  the  patent,  shall  be  null  and  void. 

SEC.  13.  And  be  it  further  enacted,  That  before  any  person  claiming 
the  benefit  of  this  act  shall  be  allowed  to  enter  such  lands,  he  or  she 
shall  make  oath  before  the  receiver  or  register  of  the  land  district  in 
which  the  land  is  situated  (who  are  hereby  authorized  to  administer 
the  same),  that  he  or  she  has  never  had  the  benefit  of  any  right  of  pre- 
emption under  this  act ;  that  he  or  she  is  not  the  owner  of  three  hun- 
dred and  twenty  acres  of  land  in  any  State  or  Territory  of  the  United 
States,  nor  hath  he  or  she  settled  upon  and  improved  said  land  to  sell 
the  same  on  speculation,  but  in  good  faith  to  appropriate  it  to  his  or 
her  own  exclusive  use  or  benefit ;  and  that  he  or  she  has  not,  directly 
or  indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  or  persons  whatsoever,  by  which  the  title  which  he 
or  she  might  acquire  from  the  government  of  the  United  States  should 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself 
or  herself;  and  if  any  person  taking  such  oath  shall  swear  falsely  In 
the  premises,  he  or  she  shall  be  subject  to  all  the  pains  and  penalties 
of  perjury,  and  shall  forfeit  the  money  which  he  or  she  may  have  paid 
for  said  land,  and  all  right  and  title  to  the  same ;  and  any  grant  or 
conveyance  which  he  or  she  may  have  made,  except  in  the  hands  of 
bona  fide  purchasers,  for  a  valuable  consideration,  shall  be  null  and 
void.  And  it  shall  be  the  duty  of  the  officer  administering  such  oath 
to  file  a  certificate  thereof  in  the  public  land  office  of  such  district,  and 
to  transmit  a  duplicate  copy  to  tha  General  I  and  Office  •  cither  of 


256  PRE-EMPTION   TO    PUBLIC    LANI>S. 

which  shall  be  good  and  sufficient  evidence  that  such  oath  was  admftv 

istered  according  to  law. 

SEC.  14.  And  be  it  further  enacted,  That  this  act  shall  not  delay 
the  sale  of  any  of  the  public  lands  of  the  United  States  beyond  th« 
time  which  has  been,  or  may  be  appointed  by  the  proclamation  of  the 
President ;  nor  shall  the  provisions  of  this  act  be  available  to  any 
person  or  persons  who  shall  fail  to  make  the  proof  and  payment  and 
tile  the  affidavit  required,  before  the  da}7  appointed  for  the  conimence- 
iu<mt  of  the  sales  as  aforesaid. 

SEC;  15.  And  be  it  further  enacted,  That  whenever  any  person  has 
settled  or  shall  settle  and  improve  a  tract  of  land,  subject  at  the  tirn« 
of  settlement  to  private  entry,  and  shall  intend  to  pxirchaee  the  same 
under  the  provisions  of  this  act,  such  person  shall,  in  the  first  case, 
within  three  months  after  the  passage  of  the  same,  and  in  the  last, 
within  thirty  days  next  after  the  date  of  such  settlement,  file  with  the 
register  of  the  proper  district  a  written  statement  describing  the  lands 
settled  upon,  and  declaring  the  intention  of  such  person  to  claim  the 
same  under  the  provisions  of  this  act :  and  shall,  where  such  settlement 
is  already  made,  within  twelve  months  after  the  passage  of  this  act, 
and  where  it  shall  hereafter  be  made,  within  the  same  period  after  the 
date  of  such  settlement,  make  the  proof,  affidavit,  and  payment  herein 
required ;  and  if  he  or  she  shall  fail  to  file  such  written  statement  ai 
aforesaid,  or  shall  fail  to  make  such  affidavit,  proof,  and  payment, 
within  twelve  months  aforesaid,  the  tract  of  land  so  settled  and  im 
proved  shall  be  subject  to  the  entry  of  any  other  purchaser. 

Approved  September  4,  1841. 

The  act  of  Congress  of  the  26th  August,  1842,  entitled  "  An  act  to 
confirm  the  sale  of  public  lands  in  certain  cases,"  contains  the  follow- 
ing declaration,  viz :  "  That  the  act  of  fourth  September,  eighteen 
hundred  and  forty-one,  entitled  'An  act  to  appropriate  the  proceeds 
of  the  sales  of  public  lands,  and  to  grant  pre-emption  rights,'  shaL 
be  so  construed  as  not  to  confer  on  any  one  a  right  of  pre-emption,  by 
reason  of  a  settlement  made  on  a  tract  heretofore  sold  under  a  prior 
pre-emption  law,  or  at  private  entry,  when  such  prior  pre-emption 
or  entry  has  not  been  confirmed  by  the  General  Land  Office,  on  account 
of  any  alleged  defect  therein,  and  when  such  tract  has  passed  into  the 
hands  of  an  innocent  and  bona  fide  purchaser." 

No  entry  will,  therefore,  be  permitted,  by  virtue  of  the  act  of  4th 
September,  1841,  of  any  tract  of  land  sold  prior  to  26th  August  of  that 
year,  whether  by  pre-emption  or  private  entry,  where  such  entry  has 
been  rejected  by  the  General  Land  Office  at  Washington ;  provided 
the  land  so  purchased  has,  prior  to  that  time,  "  passed  into  the  hands 
of  an  innocent  bona  fide  purchaser." 

All  transfers  or  assignments  to  third  persons  are  presumed  to  be  to 
'.innocent  and  bona  fide  purchasers,"  unless  the  contrary  is  shown  by 
satisfactory  evidence. 

The  Register  of  every  land  office  will  require  of  every  claimnnt 
satisfactory  proof  that  he  had  not  left  his  "  own  land  in  the  same  State 
or  Territory,"  to  make  the  settlement  by  virtue  of  which  he  claims  a 
tight  under  the  act  of  4th  September,  1841. 

Lands  subject  to  private  entry,  at  the  time  of  the  settlement  thereon, 


PRE-EMPTION   TO   PUBLIC    LANDS.  257 

cannot  be  entered  by  the  settler,  under  the  law  of  4th  September,  nnlesa 
he  shall  file  a  declaratory  statement,  such  as  the  15th  section  of  th« 
act  requires,  and  in  due  time  produce  the  necessary  proof  of  his  right, 
and  make  the  affidavit  required  by  the  law. 

Where  such  settler,  instead  of  entering  the  land,  as  he  might,  at 
private  entry,  elects  to  enter  the  same  under  the  provisions  of  the  law 
of  4th  September,  1841,  (whereby  he  obtains  a  year's  time  from  the 
date  of  the  settlement  to  make  the  payment,)  he  is  bound  to  comply 
with  all  the  requirements  of  that  law.  A  failure  to  <io  so,  in  regard  to 
any  of  these,  requirements,  renders  the  land  subject  to  the  entry  "  of 
any  other  purchaser."  Instances  have  transpired  where  persons  filed 
the  -declaratory  statement,  as  reqxiired,  without  any  improvements  hav- 
ing been  made,  merely  with  a  view  of  keeping  the  land  from  being 
entered  by  any  other  person  for  a  year,  intending  rear  the  expiration 
of  that  time  to  abandon  their  pretended  pre-emption  claim,  and  entei 
the  same  at  private  entry.  The  consummation  of  all  tuch  cases  must  be 
prevented  by  the  land  agent,  who  is  authorized  to  exact  a  rigid  com- 
pliance with  all  the  provisions  of  the  law,  as  above  directed. 

A  claimant  is  bound  to  prove  his  right  1o,  and  enter  all  the  land 
embraced  by  his  declaratory  statement,  if  liable  to  the  operation  of 
the  act. 

Declaratory  statements  are  required  only  "  for  land  subject  to  pri- 
vate entry,''  at  the  time  of  settlement,  and  they  w.'ll  not  be  received, 
if  presented  for  any  other  land ;  nor  will  they  be  received  for  forty- 
acre*  lots,  unless  they  are  "  residuary"  ones,  such  minor  subdivisions, 
with  the  exception  of  residuary f  tracts,  not,  being  liable  to  the  opera- 
tion of  the  act  of  4th  September,  1841.  The  law  provides  only  for 
settlements  made  since  1st  June,  1840.  Where,  therefore,  parties  have 
made  settlements  prior  to  that  time,  and  have  not  availed  themselves 
of  the  privileges  of  the  pre-emption  act  of  1st  June,  1840,  their  own 
neglect  has  deprived  them  of  any  right  of  pre-emption  founded  on  such 
§ettlements. 

The  proof  filed  by  every  claimant,  must  show  the  time  J  of  the  com- 
mencemcnt  of  settlement. 

The  affidavit  of  the  claimant  required  by  the  ICth  section  of  tfce 
act  must  be  taken  "  before  the  Register  or  Receiver,  ol  the  land  district 
in  which  the  land  is  situated  "  before  an  entry  is  permitted,  and  must 
be  of  the  same  date  with  the  certificate  of  entry.  An  affidavit  befon 
any  other  person  will  not  justify  the  land  agent  in  permitting  the  entry 
of  the  land  claimed. 

The  law  confers  only  on  the  first  settler  the  right  of  pre-emption. 
The  question  of  priority  will,  in  all  cases,  be  decided  by  the  land  agent ; 

*  By  an  act  of  8th  May,  1846,  forty-acre  tracts,  whether  of  "  offered"  or  uun. 
offered"  land,  are  rendered  subject  to  pre-emption. 

t  Where  an  entry  has  been  made  of  one  forty-acre  lot  of  a  legal  eighty  acre  sub- 
division,  in  virtue  of  the  act  of  5th  April,  1832,  entitled  "  An  act  supplementary 
to  the  several  laws  for  the  sale  of  the  public  lands."  the  con,  iguotis  forty-acre  lot 
of  such  legal  subdivision  is  called  the  "residuary  quarter-quarter." 

$  This  date  is  all  important  for  the  purpose  of  determining  in  all  cases  whether 
the  settlement  was  made  within  the  proper  time,  and  in  those  whsr-i  the  deo^r* 
tory  statement  is  required,  whether  such  statement  was  filed  in  cu«  <UUMKU>,  4114 
lb«  entry  mad«  within  the  lespal  period  after  the  settlement. 


258  PRE-EMPTION   TO    PUBLIC    LANDS. 

but  an  appeal  may  be  taken  from  such  decision  to  the  Secretary  of 
the  Interior,  at  Washington,  upon  the  receipt  of  which  by  the  land 
agent,  the  entry  can  be  made  by  the  person  in  whose  favor  the  decision 
may  be. 

Form  of  an  Affidavit  to  be  filed  in  cases  where  the  settiei 

shall  have  died  before  proving  up  and  entering 

his  claim. 

I,  A.  B.,  [executor  of  the  estate  of  C.  D.,  or  administrator  cf  the 

estate  of  C.  D.,  or  one  of  the  heirs  of  C.  D.,  aged years,  as  the 

case  may  be,~\  do  solemnly  swear  [or  affirm,  as  the  case  may  be]  that 
the  said  C.  D  ,  to  the  best  of  my  knowledge  and  belief,  entered  upon 

the quarter  of  section  number ,   of  township  number , 

of  range  number  ,  subject  to  sale  at ,  in  his  own  right,  and 

exclusively  for  his  own  use  and  benefit ;  and  that  he  has  not,  directly 
or  indirectly,  made  any  contract  or  agreement,  in  any  way  or  manner, 
with  any  person  or  persons  whatever,  by  which  the  title  to  the  land 
which  he  might  have  acquired  from  the  government  of  the  United 
States,  by  virtue  of  said  settlement,  under  the  law  of  22d  June,  1838, 
or  1st  June,  1840,  as  the  case  may  oe,]  should  inure  to  the  use  or  benefit 
of  any  one  except  himself,  or  to  convey  or  transfer  the  said  land,  or  the 
title  which  he  might  have  acquired  to  the  same,  to  any  other  person  or 
peraons  whatever,  at  any  subsequent  time. 

A.  B.,  Executor  of  the  estate  of  C.  D., 
[or  administrator  of  the  estate 
of  0.  D.,  or  one  of  the  heirs  01 
C.  D.,  as  the  case  may  be.] 

Sworn  to  and  subscribed  before   me,  this day  of ,  A.  LX 

1R6-. 

E.  F.,  Register,  or 
G.  H.,  Receiver,  or 
I.  K.,  Justice  of  the  Peace. 


Form  of  Affidavit  to  be  filed  in  cases  where  the  settler 

shall  have  died  before  proving  up  and  entering 

his  claim. 

I,  A.  B.,  [executor  of  the  estate  of  C.  D.,  or  administrator  of  the 

estate  of  C.  D.,  or  one  of  the  heirs  of  C.  D.,  aged years,  as  the 

case  may  be,]  do  solemnly  swear  [or  affirm,  as  the  case  may  be,]  that, 
to  the  best  of  my  knowledge  and  belief,  the  said  C.  D.,  who  was  a 
settler  on  the quarter  ef  section  number ,  of  township  num- 
ber   of  range  number ,  subject  to  sale  at ,  has  never  had 

the  benefit  of  any  right  of  pre-emption  under  the  act  entitled  "  An 
act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and 
to  grant  pre-emption  rights,"  approved  September  4,  1844  ;  that  he 
was  not,  at  the  time  of  his  death,  the  owner  of  three  hundred  and  twenty 
acree  of  land  in  any  State  or  Territory  of  the  United  States  ;  that  he 


PRE-EMPTION    TO   PUBLIC    LANDS.  259 

did  not  settle  upor  and  improve  the  above  tract  of  land  on  speculation, 
hut  in  good  faith  to  appropriate  it  to  his  own  exclusive  use  and  bene- 
fit ;  and  that  he  lias  not,  directly  or  indirectly,  made  any  agreement  or 
contract,  in  any  way  or  manner,  with  any  person  or  persons  whatso- 
ever, by  whicirthe  title  which  he  might  have  acquired  from  the  govern- 
ment of  the  United  States  should  inure  in  whole  or  in  part,  to  the 
benefit  of  any  person  except  himself. 

(Signed)  A.  B.,  Executor  [  or  administrator, 

or  one  of  the  heirs  of  C   D., 
as  Ike  case  may  be. 

I,  E   F.,  Register  [  or  G.  H.,  Receiver]  of  the  land  office  at  do 

hereby  certify  that  the  above  affid  avit  was  taken  and  subscribed  be- 
fore me,  this day  of ,  A.  D.,  186-. 

(Signed)  E.  F.,  Register,  or 

G.  H.,  Receiver. 


Form  of  Declaratory  Statement  for  cases  where  the  land  is 
not  subject  to.  private  entry. 

I,  A.  B.,  of ,  being  [the  head  of  a  family,  or  widow,  or  single 

man  over  the  age  of  twenty-one  years,  as  the  case  may  be,  a  citizen  of  the 
United  States,  or  having  tiled  my  declaration  to  become  a  citizen,  as  re- 
quired by  tr  2  naturalization  laws,  as  the  case  may  be,]  did,  on  the • 

day  of  ,  A.  D.,  18 — ,  settle  and  improve  the quarter  oi 

section  number ,  in  township  number ,  of  range  number 

,  in  the  district  of  lands  subject  to  8ale  at  the  land  office  at , 

and  containing acres,  which  land  has  not  yet  been  offered  at  public 

sale,  and  thus  rendered  subject  to  private  entry  ;  and  I  do  hereby  de 
clare  my  intention  to  claim  the  said  tract  of  land  as  a  pre-emption  right, 
under  the  provisions  of  said  act  of  4th  September,  1841. 

Given  under  my  hand,  this day  of ,  A.  D.,  18 — . 

(Signed)  A.  B. 

In  presence  of 

C.  D. 


The  following  is  an  Act  to  authorize  the  investigation  of  alleged  frauds 
under  the  pre-emption  laws,  and  for  other  purposes  : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Unitea 
States  of  America  in  Congress  Assembled,  That  the  Commissioner  of  the 
General  Land  Office  be,  and  he  hereby  is  authorized  to  appoint  a 
competent  agent,  whose  duty  it  shall  be,  under  direction  of  said  Com- 
missioners, to  investigate,  upon  oath,  the  eases  of  fraud  under  the  pre- 
emption laws  alleged  to  exist  in  the  Columbus  land  district,  in  the 
State  of  Mississippi,  referred  to  in  the  late  annual  report  of  said  Com- 
missioner, communicated  to  Congress  by  letter  of  the  Secretary  of  the 
Treasury,  dated  December  the  fifteenth,  one  thousand  eight  hundred 
and  forty-two  ;  and  that  such  agent  shall  examine  all  witnesses  who  may 
be  brought  before  him  by  the  individual  or  individuals  alleging  the 
fraud,  as  well  as  those  witnesses  who  may  be  produced  by  th«  parties  is 


260  PKE-EMPTION    TO    PCBLTC 

interedt  to  sustAin  said  claims  ;  and  that  he  be,  and  is  heieby  in  vetted 
witn  power  to  administer  to  such  witnesses  an  oath  to  speak  "the  truth 
in  regard  to  any  question  which  may  be  deemed  necessary  to  the  full  ex 
ami  nation  of  the  cases  20  alleged  to  be  fraudulent ;  and  such  testimony 
shall  he  reduced  to  writing,  and  subscribed  by  each  witness,  and  the 
same  returned  to  the  Commissioner,  with  the  opinion  of  said  agent  or. 
each  claim ;  and  any  witness,  so  examined  before  the  said  agent,  who 
shall  swear  wilfully  and  falsely  in  regard  to  any  matter  or  thing  touching 
such  examination,  shall  be  subject,  on  conviction,  to  all  the  pains  and 
penalties  of  perjury  ;  and  it  shall  be  the  duty  of  the  Commissioner  to  de- 
cide the  cases  thus  returned,  and  finally  to  settle  the  matter  in  contro- 
versy, subject  alone  to  an  appeal  to  the  Secretary  of  the  Treasury  • 
Provided,  That  the  power  conferred  by  this  section  upon  siich  agerit  is 
hereby  limited  to  the  term  of  one  year  from  and  after  the  date  of  this 
act ;  and  the  compensation  to  be  paid  to  said  agent  shall  not  exceed 
three  dollars  per  day  for  each  day  he  may  be  necessarily  engaged  in  the 
performance  of  the  duties  required  by  this  section. 

SEC.  2.  And  be  it  further  enacted,  That  in  any  case  where  a  party  en- 
titled to  claim  the  benefits  of  any  of  the  pre-ernption  laws,  shall  have 
died  before  consummating  his  claim  by  filing,  in  due  time,  all  the  pa- 
pers essential  to  the  establishment  of 'the  same,  it  shall  be  competent 
for  the  executor  or  administrator  of  the  estate  of  such  party,  or  one  of  the 
heirs,  to  file  the  necessary  papers  to  complete  the  same  :  ^Provided.  That 
the  entry  in  such  cases  shall  be  made  in  favor  of  "  the  hei  s  "  of  the  de- 
ceased pre-emptor,  and  a  patent  thereon  shall  cause  the  title  to  inure  to 
said  heirs  as  if  their  names  had  been  specially  mentioned. 

SEC.  3.  And  be  it  further  enacted,  That  every  settler  on  section  sixteen, 
reserved  for  the  use  of  schools,  or  on  the  other  reserves  or  land  covered 
by  private  claims  of  others  which  was  not  surveyed  at  the  time  of  such 
settlement,  and  who  shall  otherwise  come  within  the  provisions  of  the 
several  pre-emption  laws  in  force  at  the  time  of  the  settlement,  upon 
proof  thereof  before  the  register  of  the  proper  land  office,  shall  be  en- 
titled to  enter,  at  the  minimum  price,  at  any  other  quarter-section,  or 
fractional  section,  or  fractional  quarter-section,  in  the  land  district  in 
which  such  school  section  or  reserve  or  private  claim  may  lie,  so  as  not 
.o  exceed  one  hundred  and  sixty  acres,  not  reserved  from  sale  or  in  the 
occupancy  of  any  actual  bona  fide  settler  :  Provided,  Such  settlement 
was  made  before"  the  date  of  the  act  of  fourth  of  September,  eighteen 
hundred  and  forty-one,  and  after  extinguishment  of  the  Indian  title. 

SEC.  4.  And  be  it  further  enacted,  That  where  an  individual  has  filed, 
under  the  late  pre-emption  law,  his  declaration  of  intention  to  claim  the 
benefits  of  said  law  for  one  tract  of  land,  it  shall  not  be  lawful  for  the 
game  individual  at  any  future  time  to  file  a  second  declaration  for  anoth- 
er tract. 

SEC.  5-  And  be  it  further  enacted,  That  claimants  under  the  late  pre- 
emption law,  for  land  not  yet  proclaimed  for  sale,  are  required  to  make 
known  their  claims,  in  writing,  to  the  register  of  the  proper  land  office, 
within  three  months  from  the  date  of  this  act  when  the  settlement  has 
Wen  already  made,  and  within  three  months  from  the  time  of  the  settle- 
ment when  such  settlement  shall  hereafter  be  made,  giving  the  designa- 
tion of  the  tract  and  the  time  of  settlement ;  otherwise  his  claim  to  b« 


PRE-EMPTION   TO   PUBLIC    LANDS.  261 

forfeited,  aiL<i  the  tract  awarded  to  the  next,  settler,  in  the  order  of  time, 
on  the  same  tract  of  land,  who  shall  have  given  such  notice,  and  other- 
wise complied  with  the  conditions  of  the  law. 

SK.C.  6.  And  be  it  further  enacted,  That  whenever  the  vacancy  of  th« 
office  either  of  register  or  receiver,  or  of  both,  shall  render  it  impossible 
for  the  claimant  to  comply  with  any  reqiiisition  of  any  of  the  pre-emp- 
tion laws  within  the  appointed  time,  such  vacancy  shall  not  operate  to 
the  detriment  of  the  party  claiming  in  respect  to  any  matter  essential 
to  the  establishment  of  his  claim  :  Provided,  That  such  requisition  is 
complied  with  within  the  same  period  after  the  disability  is  removed,  as 
would  have  been  allowed  him  had  such  disability  not  existed. 

SEC.  7.  And  be  it  further  enacted,  That  where  a  settler  jon  the  public 
lands  may  reside  on  a  quarter-section,  a  fractional  quarter-section,  or  a 
fraction  of  a  section  lees  than  one  hundred  and  sixty  acres,  and  cultivat- 
ed land  on  any  other  and  different  tract  of  either  of  the  descriptions 
aforesaid,  he  or  she  shall  be  entitled,  under  the  act  of  June  twenty- two, 
one  thousand  eight  hundred  and  thirty-eight,  to  the  same  privileges  of  a 
choice  between  two  legal  subdivisions  of  each,  so  as  to  include  his  or 
her  house  and  farm,  not  to  exceed  one  hundred  and  sixty  acres  in  all,  as 
is  granted  by  the  first  section  of  that  act  to  settlers  residing  on  a  quart- 
er-section and  cultivating  on  another  and  different  quarter. 

SEC  8,  And  be  it  further  enacted.  That  where  two  or  more  persons  are 
residing  on  any  of  the  species  of  tracts  specified  in  section  seven  of  this 
act,  as  required  by  the  acts  of  the  twenty-second  of  June,  one  thousand 
eight  hundred  and  thirty-eight,  and  first. of  June,  one  thousand  eight 
hundred  and  forty,  and  any  one  or  more  of  said  settlers  may  have  culti 
vated  land  during  the  period  of  residence  required  by  either  of  said  acts 
on  another  and  different  tract,  or  other  and  different  tracts,  the  latter- 
mentioned  settlers  shall  be  entitled  to  the  option  of  entering  the  tract 
lived  on,  jointly  with  the  other  or  others,  or  of  abandoning  the  tract 
lived  on  to  those  who  have  not  cultivated  land  as  above  required,  and 
entering  the  tract  or  tracts  cultivated,  so  as  not  to  exceed  one  hundred 
and  sixty  acres  to  any  one  settlej*,  who,  by  virtue  of  this  section,  is  enti- 
tled to  a  separate  entry  ;  or  such  joint  settlers  may  jointly  enter  the  tract 
BO  jointly  occupied  by  them,  and,  in  addition,  enfer  other  contiguous  un- 
occupied land,  by  legal  subdivisions,  so  as  not  to  exceed  one  hundred  and 
sixty  acres  in  all  to  each  of  such  joint  settlers  :  Provided,  That  the  ex- 
tended privileges  granted  to  pre-emptors  by  this  act  shall  not  be  con- 
strued to  deprive  any  other  actual  settler  of  his  or  her  previous  and 
paramount  right  of  pre-emption,  or  to  extend  to  lands  reserved  for  any 
purpose  whatever. 

SKC.  9.  And  be  it  further  enacted,  That  all  persons  coming  within  the 
tenth  section  of  the  act  of  the  fourth  of  September,  eighteen  hundred 
and  forty-one,  entitled  "  An  act  to  appropriate  the  proceeds  of  the  sales 
of  the  public  lands  and  to  grant  pre-emption  rights,"  shall  be  entitled 
to  the  right  of  pre-emption  under  its  provisions,  notwithstanding  such 
persons  claiming  the  pre-emption  shall  have  settled  upon  and  improved 
the  lands  claimed  before  the  same  were  surveyed  :  Provided,  Such  settle- 
ments were  made  before  the  date  of  the  aforesaid  act,  and  after  the  ex 
tinguishment  of  the  Indian  title.  And  said  act  shall  not  be  so  construed 
as  to  preclude  any  person  who  may  have  filed  a  notice  of  intention  to 


262  PRE-EMPTION   TO   PUBLIC    LANDS. 

claim  any  tract  of  land  by  pre-emption,  under  said  act,  from  the   right 
allowed  by  law  to  others  to  purchase  the  same  by  private  entry  afte? 
the  expiration  of  the  right  of  pre-emption. 
Approved  March  3,  1843. 


AN  Act  to  repeal  a  part  of  the  act  entitled  "  An  Act  supplementary 
to  the  several  laws  for  the  sale  of  the  public  lands,"  approved  April 
fifth,  one  thousand  eight  hundred  and  thirty-two,  and  for  other  purposes. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Stales 
of  America  in  Congress  assembled,  That  from  and  after  the  passage  of  this 
act,  the  second  proviso  to  the  act  entitled  "  An  Act  supplementary  to 
the  several  laws  for  the  sale  of  the  public  lands,"  approved  April  fifth, 
one  thousand  eight  hundred  and  thirty-two,  whjch  is  as  follows,  viz  • 
"  That  no  person  shall  be  permitted  to  enter  more  than  one  half  quarter- 
section  of  land  under  this  act  in  quarter  quarter-sections  in  his  own 
name,  or  in  the  name  of  any  other  person,  and  in  no  case  unless  he  in- 
tends it  for  cultivation  or  for  the  use  of  his  improvement.  And  the  per- 
son making  application  to  make  an  entry  under  this  act  shall  file  his  or 
her  affidavit,  under  such  regulations  aa  the  Secretary  of  the  Treasury 
[Interior]  may  prescribe,  that  he  or  she  makes  the  entry  in  his  or 
her  own  name,  for  his  or  her  own  benefit,  and  not  in  trust  for  another," 
shall  be,  and  the  same  is  hereby  repealed  ;  and  all  entries,  selections,  or 
locations  of  lands  now  suspended  in  the  General  Land  Office,  because 
made  contrary  to  the  restrictions  in  this  proviso,  shall  be,  and  they  are 
hereby  confirmed,  provided  they  are  in  all  other  respects  fair  and  reg- 
ular. 

Approved  May  8,  1846. 

With  the  foregoing  the  reader  has  all  the  laws  and  information  pertcin 
ing  to  pre-emption  in  the  possession  of  the  Department. 


PRE-EMPTION   TO   PUBLIC   LANDS.  263 

An  Act  to  secure  Homesteads  to  Actual  Settlers  on  the 
Public  Domain,  May  20th,  1862. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  any 
person  who  is  the  head  of  a  family,  or  who  has  arrived  at  the 
age  of  twenty-one  years,  and  is  a  citizen  of  the  United  States,  or 
who  shall  have  filed  his  declaration  of  intention  to  become  such, 
as  required  by  the  naturalization  laws  of  the  United  States,  and 
who  has  never  borne  arms  against  the  United  States  Govern- 
ment, or  given  aid  and  comfort  to  its  enemies,  shall,  from  and  aftei 
the  first  January,  eighteen  hundred  and  sixty-three,  be  entitled 
to  enter  one  quarter  section  or  a  less  quantity  of  unappropriated 
public  lands,  upon  which  said  person  may  have  filed  a  preemp- 
tion claim,  or  which  may,  at  the  time  the  application  is  made, 
be  subject  to  preemption  at  one  dollar  and  twenty-five  cents,  or 
less,  per  acre ;  or  eighty  acres  or  less  of  such  unappropriated 
lands,  at  two  dollars  and  fifty  cents  per  acre,  to  be  located  in  a 
body,  in  conformity  to  the  legal  sub-subdivisions  of  the  public 
lands,  and  after  the  same  shall  have  been  surveyed :  Provided, 
That  any  person  owning  and  residing  on  land  may,  under  the 
provisions  of  this  act,  enter  other  land  lying  contiguous  to  his 
or  her  said  land,  which  shall  not,  with  the  land  so  already  owned 
and  occupied,  exceed  in  the  aggregate  one  hundred  and  sixty 
acres. 

SEC.  2.  And  be  it  further  enacted,  That  the  person  applying 
for  the  benefit  of  this  act  shall,  upon  application  to  the  register 
of  the  land  office  in  which  he  or  she  is  about  to  make  such  entry, 
make  affidavit  before  the  said  register  or  receiver  that  he  or  she 
is  the  head  of  a  family,  or  is  twenty-one  years  or  more  of  age, 
or  shall  have  performed  service  in  the  army  or  navy  of  the  United 
States,  and  that  he  has  never  borne  arms  against  the  Government 
of  the  United  States,  or  given  aid  and  comfort  to  its  enemies, 
and  that  such  application  is  made  for  his  or  her  exclusive  use 
and  benefit,  and  that  said  entry  is  made  for  the  purpose  of  actual 
settlement  and  cultivation,  and  not  either  directly  or  indirectly 
for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever ; 
and  upon  filing  the  said  affidavit  with  the  register  or  receiver, 
and  on  payment  of  ten  dollars,  he  or  she  shall  thereupon  be  per- 
mitted to  enter  the  quantity  of  land  specified :  Provided,  how- 
ever, That  no  certificate  shall  be  given  or  patent  issued  therefor 
until  the  expiration  of  five  years  from  the  date  of  such  entry ; 
and  if,  at  the  expiration  of  such  time,  or  at  any  time  within  two 
years  thereafter,  the  person  making  such  entry ;  or,  if  he  be  dead, 
his  widow;  or,  in  case  of  her  death,  his  heirs  or  devisee;  o  in 
case  of  a  widow  making  such  entry,  her  heirs  er  devisee,  in  case 


264  PRE-EMPTION  TO   PUBLIC  LANDS. 


of  her  death,  shall  prove  by  two  credible  witnesses  that  ho, 
or  they  have  resided  upon  or  cultivated  the  same  for  the  term  of 
five  years  immediately  succeeding  the  time  of  filing  the  affidavit 
aforesaid,  and  shall  make  affidavit  that  no  part  of  said  land  has 
been  alienated,  and  that  he  has  borne  true  allegiance  to  the  Gov- 
ernment of  the  United  States  ;  then,  in  such  -case,  he,  she,  or  they, 
if  at  that  time  a  citizen  of  the  United  States,  shall  be  entitled 
to  a  patent,  as  in  other  cases  provided  for  by  law  :  And  provided, 
further,  That  in  case  of  the  death  of  both  father  and  mother, 
leaving  an  infant  child,  or  children,  under  twenty-one  years  of 
age,  the  right  and  fee  shall  enure  to  the  benefit  of  said  infant 
child  or  children  ;  and  the  executor,  administrator,  or  guardian 
may,  at  any  time  within  two  years  after  the  death  of  the  surviv- 
ing parent,  and  in  accordance  with  the  laws  of  the  State  in  which 
such  children  for  the  time  being  have  their  domicil,  sell  said 
land  for  the  benefit  of  said  infants,  but  for  no  other  purpose  ; 
and  the  purchaser  shall  acquire  the  absolute  title  by  the  purchase, 
and  be  entitled  to  a  patent  from  the  United  States,  on  payment 
of  the  office  feer  and  sum  of  money  herein  specified. 
.  SEC.  3.  And  Le  it  further  enacted,  That  the  register  of  the 
Hand  office  shall  note  all  such  applications  on  the  tract  books  and 
plats  of  his  office,  and  keep  a  register  of  all  such  entries,  and 
make  return  thereof  to  the  General  Land  Office,  together  with 
the  proof  upon  which  they  have  been  founded. 

SEC.  4.  And  be  it  further  enacted,  That  no  lands  acquired 
under  the  provisions  of  this  act  shall  in  any  event  become  liable 
to  the  satisfaction  of  any  debt  or  debts  contracted  prior  to  the 
issuing  of  the  patent  therefor. 

SEC.  5.  And  be  it  further  enacted.  That  if,  at  any  time  after 
the  filing  of  the  affidavit,  as  required  in  the  second  section  of 
this  act,  and  before  the  expiration  of  the  five  years  aforesaid,  it 
shall  be  proven,  after  due  notice  to  the  settler,  to  the  satisfaction 
of  the  register  of  the  land  office,  that  the  person  having  filed 
such  affidavit  shall  have  actually  changed  his  or  her  residence, 
or  abandoned  the  said  land  for  more  than  yix  months  at  any 
time,  then  and  in  that  event  the  land  so  entered  shall  revert  to 
the  government. 

SEC.  6.  And  be  it  further  enacted,  That  no  individual  shall  be  . 
permitted  to  acquire  title  to  more  than  one  quarter  section  under 
the  provisions  of  this  act  ;  and  that  the  Commissioner  of  the 
General  Land  Office  is  hereby  required  to  prepare  and  issue  such 
rules  and  regulations,  consistent  with  this  act,  as  shall  be  neces- 
sary and  proper  to  carry  its  provisions  into  effect  ;  and  that  the 
registers  and  receivers  of  the  several  land  offices  shall  be  entitled 
to  receive  the  same  compensation  for  any  lands  entered  under 
the  provisions  o.f  this  act  that  they  are  now  entitled  to  receive 
when  the  same  quantity  of  land  is  entered  with  money,  one  half 


PRE-EMPTION   TO   PUBLIC   LANDS.  265 

to  be  paid  by  the  person  making  the  application  at  the  time  of 
so  doing,  and  the  other  half  on  the  issue  of  the  certificate  by 
the  person  to  whom  it  may  be  issued;  but  this  shall  not  be  con 
strued  to  enlarge  the  maximum  of  compensation  now  prescribed 
by  law  for  any  register  or  receiver :  Provided,  That  nothing  con- 
tained in  this  act  shall  be  so  construed  as  to  impair  or  interfere 
in  any  manner  whatever  with  existing  preemption  rights :  And 
provided,  further,  That  all  persons  who  may  have  filed  their  ap- 
plications for  a  preemption  right  prior  to  the  passage  of  this 
act,  shall  be  entitled  to  all  privileges  of  this  act :  Provided,  fur- 
ther, That  no  person  who  has  served,  or  may  hereafter  serve,  for 
a  period  of  not  less  than  fourteen  days  in  the  army  or  navy  of 
the  United  States,  either  regular  or  volunteer,  under  the  laws 
thereof,  during  the  existence  of  an  actual  war,  domestic  or 
foreign,  shall  be  deprived  of  the  benefits  of  this  act  on  account 
of  not  having  attained  the  age  of  twenty-one  years. 

SEC.  7.  And  be  it  further  enacted,  That  the  fifth  section  of 
the  act  entitled  "  An  act  in  addition  to  an  act  more  effectually 
to  provide  for  the  punishment  of  certain  crimes  against  the 
United  States,  and  for  other  purposes,"  approved  the  third  of 
March,  in  the  year  eighteen  hundred  and  fifty-seven,  shall  extend 
to  all  oaths,  affirmations  and  affidavits,  required  or  authorized 
by  this  act. 

SEC.  8.  And  be  it  further  enacted,  That  nothing  in  this  act 
shall  be  so  construed  as  to  prevent  any  person  who  has  availed 
him  or  herself  of  the  benefits  of  the  first  section  of  this  act, 
from  paying  the  minimum  price,  or  the  price  to  which  the  same 
may  have  graduated,  for  the  quantity  of  land  so  entered  at  any 
time  before  the  expiration  of  the  five  years,  and  obtaining  a 
patent  therefor  from  the  government,  as  in  other  cases  provided 
by  law,  on  making  proof  of  settlement  and  cultivation  as  pro- 
vided by  existing  laws  granting  preemption  rignts. 

Approved,  May  20th,  1863. 


266  MISCELLANEOUS   INFORMATION. 


MISCELLANEOUS   INFORMATION. 


A  promise  of  a  debtor  to  give  "  satisfactory  security  "  for  the  pay- 
ment of  a  portion  of  his  debt,  is  a  sufficient  consideration  for  a 
release  of  the  residue  by  his  creditor. 

Administrators  are  liable  to  account  for  interest  on  funds  in  their 
hands,  although  no  profit  shall  have  been  made  upon  them,  unless 
the  exigencies  of  the  estate  rendered  it  prudent  that  they  should 
hold  the  .funds  thus  invested. 

Any  person  who  voluntarily  becomes  an  agent  for  another,  and  in 
that  capacity  obtains  information  to  which  as  a  stranger  he  could 
have  had  no  access,  is  bound,  in  subsequent  dealing  with  his  prin- 
cipal,  as  purchaser  of  the  property  that  formed  the  subject  of  hia 
agency,  to  communicate  such  information. 

Whm  a  house  is  rendered  untenantable  in  consequence  of  im- 
provements made  on  the  adjoining  lot,  the  owner  of  such  cannot 
recover  damages,  because  it  is  presumed  that  he  had  knowledge 
of  the  approaching  danger  in  time  to  protect  himself  from  it. 

Whin  a  merchant  skip  is  abandoned  by  order  of  the  master,  for 
the  pu  -pose  of  saving  life,  and  a  part  of  the  crew  subsequently 
meet  tlie  vessel  so  abandoned,  and  bring  her  safe  into  port,  they 
will  be  entitled  to  salvage. 

A  person  who  has  been  led  to  sell  goods  by  means  of  false  pre- 
tences, cannot  recover  them  from  one  who  has  purchased  them  in 
good  faith  from  the  fraudulent  vender. 

An  agreement  by  the  holder  of  a  note  to  give  the  principal  debtor 
time  for  payment  without  depriving  himself  of  the  right  to  sue,  does 
not  discharge  the  surety. 

A  seller  of  goods  who  accepts,  at  the  time  of  sale,  the  note  of  a 
third  party,  not  dhdorsed  by  the  buyer,  in  payment,  cannot,  in  case 
the  note  is  not  paid,  hold  the  buyer  responsible  for  the  value  of 
the  goods. 

A  day  book  copied  from  a  "blotter"  in  which  charges  are  first 
made,  will  not  be  received  in'  evidence  as  a  book  of  original  en- 
tries. 

Common  carriers  are  not  liable  for  extraordinary  results  of  neg- 
ligence that  could  not  have  been  foreseen  by  ordinary  skill  and 
foresight. 

A  bidder  at  a  Sheriff's  sale  may  retract  his  bid  at  any  time  before 
tho  property  is  knocked  down  to  him,  whatever  may  bo  the  condi- 
tions of  the  sale. 

Acknowledgment  of  debt  to  a  stranger  does  not  preclude  the 
operation  of  the  statute. 

The  fruits  and  grass  on.  the  farm  or  garden  of  an  intestate  dos« 
cend  to  tho  heir. 


MISCELLANEOUS  INFORMATION,  267 

Agents  are  solely  liable  to  their  principals. 

A  deposit  of  money  in  bank  by  a  husband  in  the  name  of  his  wife 
fri  mves  to  her. 

Money  paid  on  Sunday  contracts  may  be  recovered. 

A  debtor  may  give  preference  to  one  creditor  over  another,  unless 
fraud  or  special  legislation  can  be  proved. 

A  court  cannot  give  judgment  for  a  larger  sum  than  that  specified 
in  the  verdict. 

Imbecility  on  the  part  of  either  the  husband  or  the  wife  invalid 
ates  the  marriage. 

An  action  for  malicious  prosecution  will  lie,  though  nothing  fur- 
ther was  done  than  suing  out  warrants. 

An  agreement  not  to  continue  the  practice  of  a  profession  or 
business  in  any  specified  -town,  if  the  party  so  agreeing  has  re- 
ceived a  consideration  for  the  same,  is  valid. 

When  A.  consigns  goods  to  B.  to  sell  on  commission,  and  B.  delivers 
them  to  C.  in  payment  of  his  own  antecedent  debts,  A.  can  recover 
their  value. 

A  finder  of  property  is  compelled  to  make  diligent  inquiry  for 
the  owner  thereof,  and  to  restore  the  same.  If,  on  finding  such 
property,  he  attempts  to  conceal  such  fact,  he  may  be  prosecuted 
for  larceny. 

A  private  person  may  obtain  an  injunction  to  prevent  a  public 
mischief  by  which  he  is  affected  in  common  with  others. 

Any  person  interested  may  obtain  an  injunction  to  restrain  the 
State  or  a  municipal  corporation  from  maintaining  a  nuisance  on 
its  lands. 

A  discharge  under  the  insolvent  laws  of  one  State  will  not  dis- 
charge the  insolvent  from  a  contract  made  with  a  citizen  of 
another  State. 

To  prosecute  a  party  with  any  other  motive  than  to  bring  him  to 
justice,  is  a  malicious  prosecution,  and  actionable  as  such. 

Ministers  of  the  gospel,  residing  in  any  incorporated  town,  are 
not  exempt  from  jury,  military,  or  fire  service. 

When  a  person  contracts  to  build  a  house,  and  is  prevented  by 
sickness  from  finishing  it,  he  can  recover  fot  the  part  performed, 
if  such  part  is  beneficial  to  the  other  party. 

In  a  suit  for  enticing  away  a  man's  wife,  actual  proof  of  the  mar- 
riage is  not  necessary.  Cohabitation,  reputation,  and  the  admis- 
sion of  marriage  by  the  parties,  are  sufficient. 

Permanent  erections  and  fixtures,  made  by  a  mortgagor  after  the 
execution  of  the  mortgage  upon  the  land  conveyed  by  it,  become  a 
part  of  the  mortgaged  premises. 

When  a  marriage  is  denied,  and  plaintiff  has  given  sufficient  evi- 
dpnco  to  establish  it,  the  defendant  cannot  examine  the  wife  to 
disprove  the  marriage. 

The  amount  of  an  express  debt  cannot  be  enlarged  by  application 


268  MISCELLANEOUS    INFORMATION 

Contracts  for  advertisements  in  Sunday  newspaper?  sannot  be  ea« 
forced. 

A  seller  of  goods,  chattels,  or  other  property,  commits  no  fraud, 
in  law,  wheu  lie  neglects  to  tell  the  purchaser  of  any  flaws,  defects, 
or  unsoundness  in  the  same. 

The  opinions  of  witnesses,  as  to  the  value  of  a  dog  that  has  been 
killed,  are  not  admissible  in  evidence.  The  value  of  the  animal  is 
to  be  decided  by  the  jury. 

If  any  person  puts  a  fence  on  or  ploughs  the  land  of  another, 
be  is  liable  for  trespass,  whether  the  owner  has  sustained  injury  or 
not. 

If  a  person,  who  is  unable  from  illness  to  sign  his  will,  has  his 
liand  guided  in  making  his  mark,  the  signature  is  valid. 

When  land  trespassed  upon  is  occupied  by  a  tenant,  he  alone  can 
bring  the  action. 

To  say  of  a  person,  "if  he  does  not  come  and  make  terms  with 
me,  I  will  make  a  bankrupt  of  him,  and  ruin  him,"  or  any  such 
threatening  language,  is  actionable,  without  proof  of  special 
damage. 

In  an  action  for  slander,  the  party  making  the  complaiiit  must 
prove  the  words  alleged  j  other  words  of  a  like  meaning  will  not 
suffice. 

In  a  suit  of  damages,  for  seduction,  proof  of  pregnancy,  and  the 
birth  of  a  child,  is  not  essential.  It  is  sufficient  if  the  illness  of 
the  girl,  whereby  she  was  unable  to  labor,  was  produced  by  shame 
for  the  seduction ;  and  this  is  such  a  loss  of  service  as  will  sustain 
the  action. 

Addressing  to  a  wifz  a  letter,  containing  matter  defamatory  to 
the  character  of  her  husband,  is  a  publication,  and  renders  the 
writer  amenable  to  damages. 

A  parent  cannot  sustain  an  action  for  any  wrong  done  to  a  child, 
unless  he  has  incurred  some  direct  pecuniary  injury  therefrom,  in 
consequence  of  some  loss  of  service,  or  expenses  necessarily  conse- 
quent thereupon. 

A  master  is  respunsible  for  an  injury  resulting  from  the  negli- 
gence of  his  servant,  whilst  driving  his  cart  or  carriage,  provided 
the  servant  is,  at  the  tune,  engaged  in  his  master's  business,  even 
though  the  accident  happens  in  a  place  to  which  his  master's  busi- 
ness  does  not  call  him  ;  but  if  the  journey  of  the  servant  be  solely 
for  a  purpose  of  his  own,  and  undertaken  without  the  knowledge 
or  consent  of  his  master,  the  latter  is  not  responsible. 

An  emigrant  depot  is 'not  a  nuisance  in  law. 

A  railroad  track  through  the  streets  is  not  a  nuisan:«  in  law 

In  an  action  for  libel,  against  a  newspaper,  extracts  from  such 
newspaper  may  be  given  to  show  its  circulation,  and  the  extent  to 
which  the  libel  has  been  published.  The  jury,  in  estimating  the 
damages,  are  to  look  at  the  character  of  the  iibel,  and  -whether  the 


MISCELLANEOUS   INFORMATION.  269 

defendant  is  rich  or  poor.  The  plaintiff  is  entitled,  in  till  cases,  to 
his  actual  damages,  and  should  be  compensated  for  the  mental  suf- 
ferings endured,  the  public  disgrace  inflicted,  and  all  other  actual 
discomfort  produced. 

Delivery  of  a  husband's  goods  by  a  wife  to  her  adulterer,  he  hav- 
ing knowledge  that  she  has  taken  them  without  her  husband's 
authority,  is  sufficient  to  sustain  an  indictment  for  larceny  against 
the  adulterer. 

Thefact^  that  the  insurer  was  not  informed  of  the  existence  ol  a 
pending  litigation,  affecting  the  premises  insured,  at  the  time  the 
insurance  was  affected,  does  not  vitiate  the  policy. 

The  liability  of  an  innkeeper  is  not  confined  to  personal  baggage, 
but  extends  to  all  the  property  of  the  guest  that  he  consents  to 
receive. 

When  a  minor  executes  a  contract,  and  pays  money,  or  delivers 
property  on  the  same,  he  cannot  afterwards  disaffirm  such  contract, 
and  recover  the  money,  or  property,  unless  he  restores  to  the 
other  party  the  consideration  received  from  him  for  such  money  or 
property. 

When  a  person  has,  by  legal  inquisition,  been  found  an  habitual 
Irunkard,  he  cannot,  even  in  his  sober  intervals,  make  contracts  to 
bind  himself  or  his  property,  until  the  inquisition  is  removed. 

Any  person  dealing  with  the  representative  of  a  deceased  person, 
is  presumed,  in  law,  to  be  fully  apprised  of  the  extent  of  such  re- 
presentative's authority  to  act  in  behalf  of  such  estate. 

In  an  action  against  a  railroad  company,  by  a  passenger,  to  re- 
cover damages  for  injuries  sustained  on  the  road,  it  is  not  compul- 
sory upon  the  plaintiff  to  prove  actual  negligence  in  the  defend- 
ants ;  but  it  is  obligatory  on  the  part  of  the  latter  to  prove  that 
the  injury  was  not  owing  to  any  fault  or  negligence  of  theirs. 

A  guest  is  a  competent  witness  in  an  action  between  himself  and 
an  innkeeper,  to  prove  the  character  and  value  of  lost  personal  bag- 
gage. Money  in  a  trunk;  not  exceeding  the  amount  reasonably 
required  by  the  traveller  to  defray  the  expenses  of  the  journey 
which  he  has  undertaken,  is  a  part  of  his  baggage  ;  and  in  case  of 
its  loss,  while  at  any  inn,  the  plaintiff  may  prove  its  amount  by  his 
own  testimony. 

The  deed  of  a  minor  is  not  absolutely  void.  The  court  is  author, 
ized  to  judge,  from  the  instrument,  whether  it  is  void  or  not,  ac- 
cording to  its  terms  being  favorable  or  unfavorable,  to  the  interests 
of  the  minor. 

A  married  woman  (except  in  California  and  Indiana)  is  enti- 
tled in  tire  event  of  her  surviving  her  husband,  to  the  use  of  one- 
third  of  all  his  real  estate,  during  her  natural  life,  which  interest 
is  called  her  dower.  The  widow's  dower  set  apart  by  her  hus- 
band, can  not  be  sold  to  satisfy  his  debts. 

Any  contract  made  with  a  person  judicially  declared  a  lunatic  is  void 


270  MISCELLANEOUS    INFORMATION. 

"  M one:/  p^id  voluntarily  in  any  transaction,  with  a  knowledge  of 
the  facts,  cannot  bo  recovered. 

In  all  cases  of  special  contract  for  services,  the  plaintiff  can  ro 
cover  only  the  amount  stipulated  in  the  contract. 

A  wife  is.  a  competent  witness  with  her  husband  to  prove  the  con- 
tents ef  a  lost  trunk. 

A  wife  cannot  be  convicted  of  receiving  stolen  goods  when  she 
received"  them  of  her  husband. 

Insurance  against  fire,  by  lightning  or  otherwise,  does  not  cover 
oss  by  lightning  without  combustion. 

Failure  to  prove  plea  of  justification,  hi  a  case  of  slander,  aggra- 
vates the  offence. 

It  is  the  agreement  of  the  parties  to  sell  by  sample  that  consti- 
tutes a  sale  by  sample,  not  the  mere  exhibition  of  a  specimen  of 
the  goods. 

An  agent  is  liable  to  his  principals  for  loss  caused  by  his  mis- 
statements,  though  unintentional. 

Makers  of  promissory  notes  given  in  advance  for  premiums  on 
policies  of  insurance,  thereafter  to  be  taken,  are  liable  thereon. 

An  agreement  to  pay  for  procuring  an  appointment  to  office,  is 
void. 

An  attorney  may  plead  the  statute  of  limitations,  when  sued 
by  a  client  for  money  which  he  has  collected  and  failed  to  pay 
over. 

Testimony  given  by  a  deceased  witness  on  a  first  trial  is  not  re- 
quired to  be  repeated  verbatim  on  the  second. 

A  person  entitling  himself  to  a  reward  offered  for  lost  property 
has  a  lien  upon  the  property  for  the  reward;  but  only  when  & 
definite  reward  is  offered. 

Confession  by  a  prisoner  must  be  voluntarily  made  to  constitute 
evidence  against  him. 

The  defendant  in  a  suit  must  be  served  with  process ;  but  service 
of  such  process  upon  his  wife,  even  in  his  absence  from  the  State, 
is  not,  in  the  absence  of  statutory  provisions,  sufficient. 

The  measure  of  damages  in  trespass  for  cutting  timber,  is  its  valuo 
as  a  chattel  on  the  land  where  it  was  felled,  and  not  the  market 
price  of  the  lumber  manufactured. 

To  support  an  indictment  for  malicious  mischief  in  killing  an 
animal,  malice  towards  its  owner  must  be  shown,  not  merely  pas 
sion  excited  against  the  animal  itself. 

N)  action  can  be  maintained  against  a  Sheriff  for  omitting  to  ac- 
count for  money  obtained  upon  an  execution  within  a  reasonable 
time.  He  has  till  the  return  day  to  render  such  account. 

An  interest  in  the  profits  of  an  enterprise,  as  profits,  renders  tho 
party  holding  it  a  partner  in  the  enterprise,  and  makes  him  pre- 
sumptively liable  to  share  any  loss. 


LAWS    OF   EACH  STATE 


CONCERNING    THE 


COLLECTION  OF  DEBTS, 

HOUSEHOLD  AND  HOMESTEAD  EXEMPTION, 

LEGAL  RATES   OF  INTEREST, 

LIMITATION  OF  ACTIONS, 

LIEN, 

LICENSE  TO  SELL  GOODS,  AND 

QUALIFICATIONS  OF  VOTER& 


772  STATE    LAWS    CONCERimS'G   DEBT. 


CONCERNING    THE    COLLECTION    OF    DEBIS. 

MAINE. — A  debtor  within  the  State  may  be  arrested  on  anji 
judgment  or  contract,  amounting  to  or  exceeding  the  sum  of  tea 
dollars,  if  he  is  about  to  leave  the  State,  and  it  can  be  proven  on 
oath  by  the  creditor  that  the  debtor  has  means  more  than  sufficient 
for  his  immediate  use. 

NEW-HAMPSHIRE. — A  debtor  may  be  arrested  in  this  State,  if  the 
creditor  can  prove  on  oath  that  he  is  indebted  to  him  in  a  writ  of 
execution  in  the  sum  of  thirteen  dollars  and  thirty-three  cents  or 
over,  and  that  there  is  good  reason  to  believe  that  he  is  about  to 
leave  the  State  to  avoid  the  payment  of  his  debts,  or  that  he  is 
concealing  his  property  for  the  same  purpose.  The  debtor,  on  his 
arrest,  may  demand  to  be  led  before  two  Justices  ol  the  Peace ;  and 
if  the  magistrates  are  satisfied,  from  his  affidavit  and  such  evidence 
as  he  may  bring  forward,  that  he  neither  conceals  his  property  nor 
designs  to  leave  the  State,  they  may  order  his  discharge.  [No  fe- 
male can  be  arrested  for  debt  in  this  State.] 

VERMONT. — In  this  State,  no  resident  citizen  of  any  of  the  Uni- 
ted States  can  be  arrested  for  debt,  unless  it  can  be  satisfactorily 
proved  that  he  is  about  to  abscond  from  the  State  with  money  or 
other  property  secreted  about  his  person  or  elsewhere,  to  the  amount 
of  twenty  dollars  or  more,  or  sufficient  to  satisfy  the  claim  for 
which  the  writ  against  him  is  issued.  The  writ  of  attachment 
may  issue  against  his  goods,  chattels  or  estate,  and,  if  none  can  be 
found,  then  against  his  body.  [No  female  can  be  arrested  for 
debt  in  Vermont.] 

MASSACHUSETTS. — No  person  shall  be  arrested  on  mesne  pro- 
cess in  an  action  of  contract,  unless  the  plaintiff,  or  some  person 
in  his  behalf,  makes  affidavit  and  proves  :  First,  That  he  has  a 
good  cause  of  action,  and  reasonable  expectation  of  recovering 
a  sum  amounting  to  twenty  dollars,  exclusive  of  all  costs  which 
have  accrued  in  any  former  action.  Second,  That  he  believes, 
the  defendant  has  property  not  exempt  from  being  taken  from 
execution,  which  he  does  not  intend  to  apply  to  the  payment  of 
the  plaintiff 's  claim  :  and  Third,  that  he  believes  that  the  de- 
fendant intends  to  leave  the.state,  so  that  execution,  if  obtained, 
cannot  be  served  upon  him :  or  (instead  of  the  second  or  third) 
that  the  defendant  is  an  attorney  at  law ;  that  the  debt  is  for 
money  collected  by  the  defendant. for  the  plaintiff,  and  that  the 
defendant  unreasonably  neglects  to  pay  the  same.  No  person 
shall  be  arrested  on  mesne  process  in  an  action  of  tort,  unless  it  ia 
proved  that  the  plaintiff  believes  that  he  has  a  good  cause  of  action 
against  the  defendant,  that  he  has  a  reasonable  expectation  of  re- 
covering a  sum  equal  to  one- third  the  damages  claimed  in  the  writ, 
and  that  lie  has  reason  to  believe  that  the  defendant  is  likely  to  re- 
move beyond  the  jurisdiction  of  the  court.  No  person  shall  be 
arrested  on  an  execution,  except  in  actions  of  tort,  unless  after 


STATE   LAWS   CO^CEBXItfG   DEBT.  273 

execution  is  issued  amounting  to  twenty  dollars,  exclusive  of  all 
cost,  it  is  proved  that  the  debtor  has  property  not  exempt  from 
being  taken  on  execution,  which  he  does  not  attempt  to  apply  for 
the  payment  of  the  plaintiff's  claim;  or,  that  since  the  debt  was 
contracted,  or  the  cause  of  action  accrued,  the  debtor  has  fraudu- 
lently conveyed,  concealed,  or  otherwise  disposed  of  some  part  :f 
his  estate,  with  a  design  to  secure  the  same  to  his  own  use  or 
defraud  his  creditors ;  or,  that  since  the  said  time,  the  debtor  has 
hazarded  and  paid  money  or  other  property  to  the  value  of  one 
hundred  dollars  or  more  in  some  kind  of  gaming  prohibited  by 
the  law  of  this  state;  or,  that  since  that  time,  the  debtor  has 
wilfully  misused  his  estate  for  the  purpose  of  enabling  himself 
to  swear  that  he  has  not  any  estate  to  the  amount  of  twenty  dol- 
lars, except  such  as  is  exempt  from  being  taken  on  exemption. 
If  the  action  was  founded  on  contract,  it  must  be  proved,  that 
the  debtor  contracted  the  debt  with -the  intention  not  to  pay 
the  same ;  or,  that  the  defendant  is  an  attorney  at  law,  and  that 
the  same  unreasonably  neglects  to  pay  the  money  collected  by 
the  defendant  to  the  plaintiff.  No  person  shall  be  arrested  on 
mesne  process  in  a  civil  action  for  slander  or  libel ;  no  woman 
shall  be  arrested  on  any  civil  process  except  for  tort.  When  ar- 
restecl^  on  mesne  process  the  defendant  shall  be  allowed  reason- 
able time  to  procure  bail,  and  when  arrested  in  such  process  in 
action  of  contract,  or  on  execution,  he  shall  be  allowed  reason- 
able time  for  his  recognizance. 

All  real  estate,  goods  and  chattels,  liable  to  be  taken  on  execu- 
tion (except  such  goods  and  chattels  as,  from  their  nature  or 
situation,  have  been  considered  as  exempt  according  to  the  prin- 
ciples of  the  common  law  as  adopted  and  practised  in  this  state) 
may  be  attached  upon  the  original  writ,  in  every  action  in  which 
debt  or  damages  arc  recoverable,  and  held  as  security  to  satisfy 
such  judgment  as  the  plaintiff  may  recover :  provided,  that  no 
attachment  of  lands  or  tenements  shall  be  made  on  a  writ  return- 
able before  a  justice  of  the  peace,  or  police  court,  unless  the 
debt  or  damage  demanded  therein  exceed  twenty  dollars.  Dif- 
ferent attachments  may  be  made  successfully  upon  the  same  writ, 
but  no  further  attachment  shall  be  made  after  the  summons  is 
served.  Excessive  attachments  may  be  reduced  on  application 
to  the  court. 

HHODE  ISLAND. — All  debtors  are  liable  to  arrest  in  this  State 
This  applies  to  males  and  females.  The  latter,  however,  are  only 
liable  where  the  debt  or  damages  recovered  exceed  the  sum  of  fifty 
dollars.  She  may  also  be  arrested  on  a  writ  of  execution  fora  lesa 
sum,  when  the  ccetract  is  under  seal.  "Whenever  the  Sheriff  hold- 
ing tho  warrant  of  arrest  cannot  find  the  defendant,  he  may  attach 
his  or  her  goods  and  chattels. 

CONNECTICUT. — No  person  can  bo  arrested  for  debt  in  this  State 
^inless  it  can  be  provea  that  ho  employed  fraud  or  made  false  rep- 
toflentations  in  contracting  tho  debt;  or  that  he  conceals  effects 


274  STATK   LA.W9   CONCERWIlfa  DEBT. 

not  exempt  from  attachment  to  prevent  their  being  seizjd  by  legal 
process ;  or  refuses  to  pay  his  creditor  or  creditors  holding  judg- 
ments against  him  when  he  is  possessed  of  sufficient  me&ii4  to  do 
so ;  or  refuses  to  disclose  his  rights  of  action ;  or  in  an  action  on 
a  promise  to  marry ;  or  for  misconduct  or  negldct  in  office ;  or  in 
a  professional  employment ;  or  as  trustee  or  in  a  fiduciary  capacity. 

NEW  YORK. — A  debtor  may  be  arrested  in  this  State  only  when 
it  can  be  proved  that  he  used  fraud  in  contracting  the  debt,  or  that 
he  concealed  or  put  his  property  out  of  his  hands  for  the  purpose 
of  defeating  his  creditors.  But  before  the  complainant  can  obtain 
the  order  of  arrest,  he  must  give  security  to  the  Judge  before 
whom  the  case  is  to  be  tried,  that  he  will  pay  all  costs  and  damages 
consequent  upon  the  arrest,  in  case  the  defendant  should  succeed  in 
recovering  judgment.  The  defendant,  when  arrested,  may  give 
bail,  by  causing  a  written  undertaking  to  be  executed  by  two  or 
more  responsible  bondsmen  in  the  sum  demanded  by  the  Judge,  to 
the  effect  that  he — the  defendant — will  at  all  times  hold  himself 
in  readiness  to  respond  to  any  call  made  for  his  appearance  at  the 
Court.  His  sureties  may,  at  any  time  previous  to  the  termination 
of  the  suit,  withdraw  their  bonds  for  his  appearance  ;  or  the  de- 
fendant may  surrender  himself  to  the  Sheriff,  who  will  detain  him 
till  the  rendering  of  the  verdict.  [Females  are  liable  to  arrest  in 
this  State  only  in  cases  of  wilful  injury  to  person,  character,  or 
property.] 

NEW- JERSEY. — A  debtor  suspected  of  fraud  towards  his  creditors 
may  be  arrested  in  this  State ;  but  he  may  be  discharged  from  such 
arrest  if  he  make  out  and  deliver  to  the  officer  arresting  him  a 
true  inventory  under  oath  of  all  his  property,  real  and  personal, 
and  give  security  to  the  plaintiff  in  double  the  amount  claimed, 
that  he  will  appear  before  the  next  court  holden  in  the  county 
where  the  arrest  is  made,  and  petition  for  the  benefit  of  the  insol- 
vent laws.  In  case  of  forfeiture  of  the  bond,  the  plaintiff  may 
bring  an  action  thereon,  and  recover  the  debt,  damages,  and  costa 
If  any  shall  make  oath  that  his  debtor  has  absconded  from  the 
State,  he  may  obtain  an  attachment  against  the  property  of  such 
debtor,  wherever  it  may  be  found;  and  the  writ  of  attachment 
holds  the  property  of  the  defendant  from  the  time  of  the  execution 
of  the  same.  All  conveyances  of  the  property  attached  matio  by 
the  defendant  pending  the  attachment,  are  void  against  the  pluin- 
tiff  and  creditors  who  became  parties  to  the  attachment.  [All  fe- 
males are  exempt  from  arrest  for  debt,] 

PENNSYLVANIA. — A  debtor  cannot  be  arrested  for  debt  iu  this 
State,  except  when  he  is  about  to  remove  any  part  of  his  property 
out  of  the  jurisdiction  of  the  court  in  which  suit  is  brought,  wich 
intent  to  defraud  his  creditors ;  or  when  he  has  disposed  or  is  abou. 
to  dispose  of  his  property,  or  secreto  it,  to  defeat  the  claims  of  his 
creditors ;  or  when  he  has  rightsin  action,  or  interest  in  any  public  or 


STATE   LAWS   CONCERNING   DEBT.  275 

corporate  stock,  or  evidences  of  money  due  him,  -which  ho  refuses 
to  apply  to  the  payment  of  any  judgment  or  judgments  against 
him  ;  or  when  he  has  employed  fraud  in  incurring  the  debt.  His 
property  may  be  attached  when  he  is  about  to  remove  it,  in  whole 
or  in  part,  from  the  county  in  which  he  has  been  accustomed  to 
reside ;  when  he  remains  absent  from  the  State,  or  confines  himself 
to  his  own  house,  or  otherwise  conceals  himself,  for  the  purpose  of 
defrauding  his  creditors. 

MARYLAND. — Imprisonment  for  debt  does  not  exist  in  this  State. 
Any  creditor  may,  on  a  judgment,  attach  the  real  or  personal  es- 
tate, or  rights  in  and  of  action  of  his  debtor.  If  the  debtor  is  not 
a  citizen  of  the  State,  and  does  not  reside  therein,  or  if  he  is  a 
fugitive  from  justice,  or  has  removed  from  his  usual  residence, 
with  intent  to  injure  or  defraud  his  creditors,  the  latter  may  obtain 
an  attachment  against  his  property,  real  and  personal,  and  also 
against  his  rights  in  action. 

DELAWARE. — Imprisonment  for  debt  in  this  State  exists  only 
when  it  can  be  shown  that  the  debtor  has  secreted  or  conveyed 
away  his  property  to  defraud  his  creditor  or  creditors.  The  party 
making  the  complaint  must  set  forth  the  alleged  fraudulent  con- 
veyance, and  state  upon  oath  that  the  defendant  is  justly  indebted 
to  him  in  a  sum  exceeding  five  dollars,  and  that  he  verily  believes 
the  defendant  has  secreted  or  otherwise  disposed  of  property  over 
the  value  of  twenty-five  dollars,  with  the  view  of  defrauding  his 
creditors.  There  are  two  ki#<*s  of  attachments  for  debt,  viz. :  tho 
domestic  and  the  foreign ;  unfor  the  former,  an  attachment  may 
issue  against  a  resident  when  it  can  be  shown  that  he  is  justly  in- 
debted to  plaintiff  in  the  sum  of  fifty  dollars  or  over,  and  has,  as 
is  believed,  absconded  for  the  puwos^  of  wronging  his  creditors  of 
their  dues ;  under  the  latter,  when  H  can.  be  shown  that  the  defend- 
ant resides  out  of  the  State,  and  is  iustly  indebted  to  plaintiff  in 
the  sum  of  fifty  dollars  and  upward. 

VIRGINIA. — There  is  no  imprisonment  for  debt  in  this  State 
When  a  suit  is  instituted  for  debt  or  for  damages  on  breach  of  con 
tract,  tho  complainant  may  obtain  an  attachment  against  the  estate 
of  the  defendant  (whether  resident  or  non-resident)  for  the  amount 
stated, 

NORTH  CAROLINA.— Imprisonment  for  debt  does  not  exist 
When  a  debtor  has  removed,  or  is  removing  privily  out  of  the 
county,  or  absents  himself,  so  that  process  cannot  be  served  upou 
him,  an  attachment  may  issue  against  the  estate,  real  and  personal, 
of  such  debtor,  wherever  the  same  may  be  found.  An  attachment 
may  also  issue  in  favor  of  a  resident  of  the  State  againefc  the  estate 
of  a  non-resident. 

SOUTH  CAROLINA. — When  a  debt  exceeds  the  sum  of  thirty  dol- 
lars and  sixty-two  cents,  the  debtor  may  be  arrested  and  hold  to 


276  STACK   LAWS  CONCERNING   DEBT. 

oail;  upon  an  affidavit  of  the  amount  of  the  debt  being  annexed  to 
the  process.  A  debtor  about  to  abscond  before  the  maturity  of 
his  debt  may  also  be  arrested  and  held  to  bail.  Attachments  may 
be  issued  against  the  property  of  a  debtor  residing  out  of  the  State  ; 
against  a  debtor  who  is  making  preparations  to  abscond  from  the 
State  ;  against  a  debtor  who  is  removing,  or  about  to  remove  from 
the  district  (the  State  is  divided  into  districts  instead  of  counties) , 
and  against  a  debtor  who  secretes  himself,  so  that  process  cannot 
be  served  upon  him. 

GEORGIA. — In  cases  where  a  debt  is  not  due,  and  the  debtor  is 
removing,  or  about  to  remove  from  the  State,  an  affidavit  of  such 
fact,  and  of  the  amount  of  the  debt,  is  sufficient  to  authorise  the 
issue  of  an  attachment  against  the  property  of  such  debtor. 

Unmarried  women,  or  widows,  cannot  be  arrested  for  debt. 

In  any  case  pending  a  suit,  if  the  debtor  attempt  to  leave  tho 
State,  or  convey  his  property  away,  to  the  injury  of  his  creditors, 
an  attachment  may  immediately  issue  against  his  property. 

Attachments  may  issue  against  the  real  and  personal  estate  of  a 
debtor  residing  without  the  limits  of  the  State,  whether  the  creditor 
resides  within  the  State  or  not. 

When  a  debtor  is  arrested  or  imprisoned  for  debt,  and  shall  make 
it  evident  to  the  court  that  he  is  insolvent,  and  shall  deliver  a  sche- 
dule of  his  real  and  personal  estate,  debts,  credits,  and  effects,  and 
shall  take  the  insolvent's  oath,  he  shall  obtain  a  discharge  from 
imprisonment ;  and  every  creditor  so  discharged  shall  not  be 
liable  to  arrest  or  imprisonment  for  any  debt  contracted  before  hia 
discharge. 

ALABAMA. — A  debtor  may  be  arrested  in  this  State  on  showing 
that  he  is  preparing  to  abscond  ;  that  he  has  fraudulently  disposed 
of  his  property  ;  that  he  withholds  property  liable  for  his  debts  ; 
that  he  secretes  himself  to  avoid  process;  that  he  resides  out  of 
the  State ;  or  that  he  is  about  to  remove  his  property  from  tho 
State,  whereby  the  plaintiff  may  lose  his  debt,  or  be  compelled  to 
sue  for  it  in  another  State.  Attachments,  auxiliary  to  pending 
suits,  may  be  sued  out  on  the  same  grounds  as  original  attach- 
ments.  A  debtor  may  get  himself  discharged  from  arrest  by  ma- 
king an  affidavit  that  the  complaint  on  which  he  was  arrested  is  not 
true,  and  that  he  is  possessed  of  nothing  with  which  to  satisfy  the 
debt  •  or,  by  rendering  a  schedule  of  his  property,  real  and  perso- 
nal,  and  making  an  affidavit  that  he  is  not  possessed  of  property  to 
the  value  of  twenty  dollars,  other  than  what  is  mentioned  in  the 
schedule,  except  such  property  as  is  by  law  exempt  from  execution, 
and  that  he  has  not  disposed  of  property  to  secure  it  to  his  own 
use,  or  to  defraud  his  creditors.  This  oath  may,  however,  be  im- 
peached or  controverted  by  the  plaintiff.  If  the  debtor  be 
convicted  of  rendering  a  false  or  fraudulent  schedule,  he  is  liable 
to  one  year's  imprisonment. 


STATE    LAWS   CONCERNING   DEBT.  277 

FLORIDA. — Imprisonment  for  debt  exists  not  in  this  State.  An 
attachment  may  issue  against  the  estate  of  a  debtor  upon  an  affi- 
davit that  a  debt  is  due,  or  becoming  due,  within  nine  months; 
that  the  debtor  is  removing,  or  about  to  remove,  from  the  State; 
that  he  has  absconded,  or  is  about  to  abscond ;  that  he  conceals 
himself  so  that  process  cannot  be  served ;  or  that  he  is  secreting 
or  otherwise  disposing  of  his  property,  for  the  purpose  of  defraud, 
ing  his  creditors. 

MISSISSIPPI. — -Imprisonment  for  d^bt  does  not  exist.  Attach- 
ments may  be  issued  against  the  property  of  a  debtor  when  it  cau 
be  made  apparent  to  any  Judge  of  the  Supreme  Court,  or  any  Jus 
tice  of  the  Peace  of  any  county,  that  the  debtor  has  removed,  or 
is  about  to  remove,  his  effects  from  the  State  :  or  that  he  conceals 
himself,  so  that  process  cannot  be  served  upon  him  ;  or  that  he  in- 
curred the  debt  by  fraudulent  representations.  As  in  New- York, 
however,  the  plaintiff  must  give  a  bond  to  secure  the  payment  of 
all  costs  and  damages  that  may  be  recovered  against  him  by  the 
defendant. 

LOUISIANA. — Females  and  non-residents  are  exempt  from  arrest 
on  civil  contracts  in  this  State.  A  debtor  can  be  arrested  before 
judgment,  upon  affidavit  that  he  is  about  to  quit  the  State,  without 
leaving  in  it  sufficient  property  to  satisfy  the  judgment  which  the 
creditor  expects  to  obtain.  But  after  judgment,  he  cannot  be  ar- 
rested to  compel  the  payment  thereof.  When  a  creditor  believes 
that  a  third  person  has  in  his  possession  certain  property  belonging 
to  his  debtor,  he  may  cite  such  person  to  declare  on  oath  what 
property  he  has  in  his  possession  belonging  to  the  defendant,  and  to 
what  amount  he  is' indebted  to  said  defendant,  notwithstanding  the 
debt  is  not  fully  due.  Attachments  may  issue  against  the  property 
of  a  debtor  when  it  shall  appear  that  he  is  about  to  quit  the  State, 
or  where  he  has  already  left  the  State,  never  to  return,  or  in  case 
he  resiles  out  of  the  State ;  or  where  he  secretes  himself  to  avoid 
process.  A  debtqr's  property  may  also  be  attached  in  the  hands  of 
third  persons  to  secure  the  payment  of  a  debt,  whether  the  amount 
be  liquidated  or  not,  provided  the  time  of  payment  has  arrived, 
and  the  creditor  state  expressly  and  positively  the  amount  which  he 
claims.  But  plaintiff,  in  conjunction  with  one  good  and  solvent 
Burety,  residing  within  the  jurisdiction  of  the  court  to  which  the 
petition  for  attachment  is  presented,  must  give  security  for  the  pay- 
ment of  any  damages  which  may  ensue,  should  it  be  decided  that 
the  attachment  was  wrongfully  obtained. 

KENTUCKY. — Attachments  may  issue  for  the  recovery  of  money 
upon  a  contract  where  the  action  is  against  one  or  more  defendants, 
who,  or  some  one  of  whom,  reside  out  of  the  State  ;  or  who  has 
been  absent  from  the  State  during  a  period  of  four  months  ;  or  haa 
departed  from  the  State  with  intent  to  defraud  his  creditors ;  or 
has  ^eft  the  county  in  which  he  usually  resides  for  the  purpose  of 


278  STATE    LAWS    CONCERNING   DEBT. 

avoiding  process;  or  conceals  himself  so  that  summons  cannot  be 
served  upon  him ;  or  Who  is  about  to  remove  his  property  or  some 
portion  of  it, from  the  State,  not  leaving  sufficient  to  satisfy  the 
claims  of  plaintiff;  or  who  has  or  is  about  to  dispose  of  his  prop- 
erty with  intent  to  defraud  his  creditors.  Security  must  be  given 
by  the  plaintiff  to  satisfy  the  defendant's  damages,  if  it  be  proved 
that  the  order  was  wrongfully  obtained. 

ILLINOIS. — An  attachment  may  issue  against  the  body  of  a  debtor 
refusing  to  surrender  his  property,  real  and  personal,  for  the  satis- 
faction  of  any  execution  that  may  be  issued  against  it ;  also,  when 
it  can  be  shown  that  a  debtor  has  employed  fraud,  either  in  incur- 
ring a  debt  or  in  concealing,  removing,  or  otherwise  disposing  of 
his  property  for  the  purpose  of  defrauding  his  creditors.  These 
are  the  only  cases  in  which  a  party  may  be  arrested  for  debt. 
Attachments  may  issue  against  the  property  of  a  debtor  who  is 
preparing  to  remove  the  same  from  the  State ;  also,  against  the 
property  of  a  non-resident,  when  the  sum  of  his  indebtedness  ex 
cee-ds  twenty  dollars. 

INDIANA. — Before  special  bail  can  be  required,  the  plaintiff  must 
file  an  affidavit  with  the  clerk  of  the  court  where  the  suit  is  insti- 
tuted, setting  forth  his  right  to  recover  an  existing  debt  or  damages 
from  the  defendant,  and  that  he  believes  the  latter  is  about  to  leave 
the  State,  taking  with  him  property  subject  to  execution,  or  money 
on  effects  which  should  be  applied  in  satisfaction  of  plaintiff's  debt 
or  damages ;  defendant's  object  being  to  defraud  said  plaintiff.  No 
warrant  for  arrest  can  be  delivered  to  an  officer,  until  an  order  for 
special  bail  is  obtained  and  endorsed  on  such  writ.  Attachments 
may  issue  against  the  real  and  personal  property  of  a  debtor, 
when  it  shall  be  shown  that  he  has  left  the  State,  or  is  making  ar- 
rangements for  that  purpose,  with  intent  to  defraud  his  creditors 
or  to  avoid  process ;  or  that  he  keeps  himself  concealed  so  that 
process  cannot  be  served  upon  him,  with  intent  to  create  delay  or 
defraud  his  creditors.  But  no  attachment  can  issue  against  a 
debtor  so  long  as  his  wife  and  family  remaift  settled  within  the 
county  where  his  usual  place  of  residence  may  have  been  prior  to 
his  absence;  provided  such  absence  is  not  prolonged  more  than  one 
year,  and  no  attempt  made  to  conceal  his  absence,  and  that  he  shall 
not  be  secretly  transferring,  conveying,  or  removing  his  property  or 
effects,  by  which  the  payment  of  his  debts  may  be  evaded.  Should 
his  wife  or  family  refuse  to  account  for  his  absence,  or  to  state 
where  he  may  be  found,  or  give  a  false  account  of  either  ;  or  be 
unable  to  account  for  his  absence ;  or  to  tell  where  he  may  be 
found ;  it  shall  be  deemed  an  attempt  to  conceal  his  absence,  and 
attachment  may  at  once  issue  against  his  estate. 

OHIO, — No  female,  nor  any  officer  or  soldier  of  the  Revolutionary 
turar,  can  be  arrested  or  imprisoned  in  any  case  whore  the  action  is 


STATE   LAWS    CONCERNING   DEBT.  279 

founded  on  contract;  neither  can  any  person  l)e  imprisoned  for 
debt,  except  in  cases  of  fraud.  An  execution  against  the  person  of 
a  debtor,  and  requiring  his  committal  to  the  county  jail  until  ho 
satisfy  the  judgment,  or  is  otherwise  lawfully  discharged,  may  issue 
upon  any  judgment  for  the  payment  of  money,  in  the  event  of 
the  judgment  debtor  having  removed,  or  commenced  to  remove, 
any  of  his  property  out  of  the  jurisdiction  of  the  court,  in  order  to 
prevent  the  collection  of  money  due  on  the  judgment;  or  when  he 
is  possessed  of  property  which  he  fraudulently  conceals  with  like 
intent ;  or  when  he  has  disposed  of  his  property,  or  any  part 
thereof,  to  prevent  its  being  taken  in  execution ;  or  if  he  fraudu- 
lently contracted  the  debt  on  which  the  judgment  is  rendered  ;  or 
when  he  was  arrested  on  an  order  before  judgment,  and  has  not 
been  discharged  as  an  insolvent  debtor,  or  the  order  has  not  been 
set  aside.  Plaintiff  must,  in  all  cases,  give  a  bond,  with  sufficient 
sureties,  to  pay  the  defendant  any  damages  which  may  ensue 
from  a  wrongful  attachment,  not  exceeding  double  the  amount 
of  the  claim.  A  creditor,  on  giving  a  like  bond,  may  make  a  sim- 
ilar affidavit  before  his  amount  is  due,  and  on  his  filing  it  with  the 
clerk  of  the  court  of  common  pleas,  an  attachment  may  issue 
against  the  property,  real  or  personal,  of  the  debtor.  In  such  ac- 
tions, plaintiff  cannot  have  judgment  until  the  claim  is  due. 

MISSOURI. — Attachment  may  issue  against  a  debtor  when  he  does 
not  reside  within  the  limits  of  the  State ;  when  he  secretes  himself, 
to  avoid  process;  when  he  has  absconded ;  when  he  cannot  be  found 
at  his  usual  place  of  abode  ;  when  he  has  removed,  or  is  about  to 
remove  his  property ;  when  he  has  fraudulently  conveyed,  or  con- 
cealed,  or  otherwise  disposed  of  his  property ;  when  he  is  about 
to  fraudulently  convey,  conceal,  or  otherwise  dispose  of  his  prop- 
erty, so  as  to  hinder  or  delay  his  creditors  ;  or  when  the  debt  was 
contracted  out  of  the  State,  and  the  debtor  has  absconded,  or 
secretly  removed  his  property  into  the  State  with  intent  to  hinder, 
delay,  or  defraud  his  creditors.  In  any  of  these  cases  of  fraudu- 
lent disposition  of  property,  the  attachment  may  issue,  even  though 
the  debt  be  not  fully  due.  Before  the  attachment  can  issue,  how- 
over,  affidavit  must  be  made  by  plaintiff,  or  his  attorney,  that  defend 
ant  is  justly  indebted  to  plaintiff  in  the  sum  claimed,  after  allow- 
ing  all  just  credits  and  offsets ;  the  nature  of  said  debt,  and  that 
deponent  has  good  reason  to  believe  the  existence  of  one  or  more 
of  the  before-mentioned  causes,  entitling  him  to  an  attachment. 
This  affidavit  may  be  put  in  issue  by  defendant,  in  which  case 
plaintiff  must  prove  the  facts  stated  in  the  ground  of  his  attachment. 
The  plaintiff  must  give  a  bond,  with  one  or  more  responsible  sure- 
ties, who  must  be  resident  householders  of  the  county  in  which 
the  suit  is  brought,  in  a  sum  at  least  double  the  amount  of  the  de- 
mand, for  the  payment  of  such  damages  as  may  ensue,  in  the  event 


280  STATE    LAWS    CONCERNING   DEBT. 

of  a  baseless  attachment.  Imprisonment  for  debt  has  no  existence 
in  this  State. 

MICHIGAN. — A  debtor  may  be  held  to  bail  when  it  can  be  shown 
that  he  is  about  removing  any  portion  of  his  property  out  of  the 
jurisdiction  of  the  court  in  which  the  suit  is  brought,  with  intent  to 
defraud  his  creditors ;  that  he  has  property  or  rights  in  action,  or 
some  interest  in  any  public  or  corporate  stock,  or  money,  or  evi- 
dence of  debt,  which  he  unjustly  refuses  to  apply  in  satisfaction  of 
such  judgment  as  may  have  been  rendered  against  him;  that  ho 
fraudulently  conceals  such  property  ;  that  he  has  removed,  assigned, 
or  otherwise  disposed  of^  or  is  about  to  remove,  assign,  or 
dispose  of  any  of  his  property,  or  rights  in  action,  with  intent  to 
defraud  his  creditors ;  that  he  fraudulently  contracted  the  debt  in 
respect  to  which  the  suit  is  instituted;  that  he  resides  without  the 
State,  and  has  done  so  for  a  period  of  three  months  immediately 
preceding  the  time  of  making  application  for  the  attachment ;  or 
that  defendant  is  a  foreign  corporation. 

AE.KANSAS. — Imprisonment  for  debt  does  not  exist.  No  debtor 
can  be  arrested  except  upon  affidavit  by  plaintiff,  supported  by  the 
affidavit  of  some  disinterested  and  credible  person,  to  the  effect 
that  fraud  has  been  committed,  and  a  statement  of  the  facts  justify- 
ing such  allegation.  An  attachment  may  issue  against  the  prop- 
erty of  a  debtor,  provided  plaintiff  shall,  at  the  time  of  filing  the 
declaration,  likewise  file  an  affidavit  to  the  effect  that  the  defendant 
is  justly  indebted  to  the  plaintiff  in  a  sum  exceeding  one  hundred 
dollars,  and  stating  the  amount,  and  also  that  the  defendant  is  not 
a  resident  of  this  State,  or  that  he  is  about  to  remove  out  of  thia 
State,  or  that  he  is  about  to  remove  his  goods  and  effects  out  of  thia 
State,  or  that  he  so  secretes  himself  that  process  cannot  be  served 
on  him.  A  bond  in  double  the  amount  claimed  must  be  given, 
conditioned  for  the  payment  of  such  damages  as  may  be  awarded 
against  plaintiff.  When  the  amount  claimed  is  one  hundred  dol- 
iars  or  less,  a  Justice  of  the  Peace  may  issue  an  attachment. 

TENNESSEE. — Attachments  may  issue  against  the  property  of 
Debtors  resident  within  the  limits  of  the  State,  whenever  the  sheriff 
of  the  county  makes  affidavit  that  the  defendant  is  not  to  be  found 
in  his  county ;  also,  when  a  creditor  makes  oath  that  the  debtor  has 
absconded  or  secreted  himself,  so  that  process  cannot  be  served 
upon  him;  or  that  he  is  removing  or  about  to  remove  himself  or 
his  property  out  of  the  State ;  or  that  he  is  secreting  or  disposing 
of  his  property,  or  that  he  is  a  non-resident.  Plaintiff  must  like 
wise  state  in  his  affidavit  the  amount  of  his  claim.  Citizens  01 
other  States  may  sue  in  the  circuit  courts  of  the  State  or  of  the 
United  States.  Judgment  may  be  obtained  by  sureties  and  accom- 
modation'endorsers  on  motion,  without  notice,  against  their  princi- 
pals, or  co-sureties,  for  their  proportion  of  the  debt.  Sureties  and 
Creditors  can,  after  obtaining  judgment,  recover  from  any  persoo 


S1WTE    LAWS    CONCERNING   DEBT.  261 

who  may  have  received  usurious  interest  from  their  principal  or 
debtor,  the  amount  over  and  above  the  legal  rate  of  interest  so  re- 
ceived ;  and  this  excess  of  interest  in  all  cases  constitutes  a  fund  in 
the  hands  of  the  usurer  for  the  payment  of  the  demands  of  bond 
fide  creditors.  Execution  issues  against  the  real  or  personal  prop- 
erty of  the  defendant  immediately  after  th-3  rendering  of  the  judg- 
ment, and  may  be  levied  and  a  bond  taken  by  the  officer,  with  se- 
curity for  the  delivery,  on  or  before  the  first  day  of  the  term  of 
court  succeeding  that  in  which  execution  issued,  of  sufficient  prop- 
erty to  satisfy  the  judgment;  and  in  the  event  of  the  forfeiture  of 
this  bond,  a  writ  authorizing  a  sale  issues  against  defendant's  prop- 
erty, and  that  of  his  surety,  or  the  officer  may  proceed  to  sell  under 
the  original  execution,  and  in  case  the  amount  is  not  raised  by  the 
second  term  after  judgment,  defendant  and  his  sureties  are  liable. 
Imprisonment  for  debt  does  not  exist. 

TEXAS. — The  constitution  of  this  State  expressly  forbids  the  arrest* 
of  any  person  for  debt.  Attachments  can  be  issued  only  against 
property,  except  in  cases  of  fraud.  An  attachment  may  be  sued  out 
against  a  debtor  when  a  summons  to  answer  to  a  civil  suit  shall  be 
returned  by  the  sheriff,  the  debtor  not  being  found  in  the  county  ; 
and  the  attachment  may  be  levied  upon  the  property,  real  or  per- 
sonal, of  said  debtor.  To  obtain  a  writ  of  attachment,  plaintiff  or  his 
agent  must  make  an  affidavit  to  the  effect  that  the  defendant  is  justly 
indebted  to  hiai  in  the  sum  claimed  ;  that  the  defendant  does  not 
reside  within  the  State,  or  that  he  is  about  to  remove  therefrom;  or 
that  he  secretes  himself,  so  that  process  cannot  be  served ;  or  that 
he  is  about  to  remove  his  property  out  of  the  State,  and  that  the 
attachment  is  not  sued  out  for  the  purpose  of  injuring  the  defen- 
dant. The  judges  and  clerks  of  district  courts  and  justices  of  the 
peace  may  issue  original  attachments,  returnable  to  their  respective 
courts.  When  making  the  affidavit,  plaintiff,  with  two  or  more 
sureties,  must  give  a  bond;  in  double  the  amount  due,  conditioned 
that  he  will  prosecute  the  suit  to  effect,  and  that  he  will  pay  such 
damages  as  may  be  adjudged  against  him  for  wrongfully  suing  out 
such  attachment.  Writs  of  sequestration  may  issue  under  the  fol- 
lowing circumstances,  viz :  1st.  When  a  person  sues  for  the  title  or 
possession  of  a  slave,  or  other  movable  property  or  chattels,  and 
makes  affidavit  that  he  fears  the  defendant,  or  party  in  possession 
thereof,  will  injure  or  ill  treat  such  slave,  or  waste  such  property, 
or  remove  the  same  out  of  the  State  during  the  pendency  of  tho 
suit.  2dly.  When  a  person  sues  for  the  foreclosure  of  a  mortgage, 
or  the  enforcement  of  a  lien  upon  a  slave,  or  other  movable  prop- 
erty, and  swears  that  he  fears  the  defendant  will  injure  swch  slave, 
or  waste  such  property,  or  remove  such  slave  or  property  out  of 
the  county.  3dly.  When  any  person  suew  for  the  title  or  possession 
of  real  property,  and  makes  oath  that  he  fears  the  defendant,  or 
party  in  possession  thereof,  may  make  use  of  his  possession  to  injure 


282  STATE   LA.WS    CONCERNING   DEBT. 

such  property,  or  to  waste  the  fruits  and  revenue  produced  by  the 
same  or  convert  them  to  his  own  use.  4thly.  When  any  person 
sues  for  the  title  or  possession  of  any  property  from  which  he  has 
been  ejected  by  force  or  violence,  and  shall  make  affidavit  of  such 
facts,  and  5thly.  When  a  married  woman  sues  for  a  divorce,  and 
makes  oath  that  she  fears  that  her  husband  will  waste  her  separate 
or  their  common  property,  or  the  fruits  of  revenue  produced  by 
either,  or  remove  the  same  out  of  the  State  during  the  pendency  of 
the  suit. 

IOWA. — Arrest  for  debt  cannot  take  place  in  this  State,  except 
on  proof  of  fraud.  Attachment  may  issue  by  the  clerk  of  a  dis- 
trict court  in  an  action  founded  on  contract,  provided  that  plaintiS 
makes  an  affidavit  stating  as  near  as  possible  the  amount  due  him 
by  defendant ;  that  he  has  good  reason  to  believe  the  defendant  is 
about  to  dispose  of  or  remove  his  property  with  intent  to  defraud 
his  creditors  ;  that  he  has  absconded  or  secreted  himself,  so  that 
process  cannot  be  served  upon  him;  or  that  he  is  a  non-resident  of 
the  State.  The  writ  may  be  levied  upon  defendant's  estate,  real  or 
personal,  found  in  the  county  ;  or  upon  so  much  of  the  same  as 
may  be  safficient  to  satisfy  the  debt,  together  with  -interest  and 
costs  of  suit. 

WISCONSIN.— Imprisonment  for  debt  does  not  exist.  Attach- 
ment  may  issue  when  the  amount  claimed  exceeds  one  hundred 
dollars  over  and  above  all  effects,  upon  an  affidavit  by  plaintiff  to 
the  effect  that  defendant  is  indebted  to  him  in  the  sum  claimed,  and 
that  said  sum  is  due  on  contract,  express  or.  implied,  or  upon  judg- 
ment or  decree ;  that  plaintiff  knows  or  believes  that  defendant 
has  absconded  or  is  about  to  abscond  from  the  State,  or  that  he  hag 
concealed  himself  to  delay  and  injure  his  creditors  ;  or  that  he  has 
assigned,  concealed,  or  otherwise  disposed  of  his  property,  for  the 
purpose  of  defrauding  his  creditors  ;  or  that  he  has  removed  or  is 
about  to  remove  property  from  the  State  with  the  like  intent :  or 
that  he  fraudulently  contracted  the  debt ;  or  that  hp  has  fraudu- 
lently conveyed  or  disposed  of  his  property,  or  a  part  of  it,  or  ia 
about  to  do  so,  with  intent  to  defraud  his  creditors ;  or  that  he  is 
a  non-resident  of  the  State,  or  is  a  foreign  corporation.  Attach- 
ments may  issue  in  these  cases  when  the  amount  claimed  by  plain 
tiff  in  the  affidavit  exceeds  five  dollars  over  and  above  offsets,  and 
the  defendant  resides  in  another  county,  and  over  one  hundred 
miles  from  the  office  of  the  Justice. 

CALIFORNIA. — No  female  can  be  arrested  in  any  civil  action.  A 
debtor  may  be  arrested  when  fraud  has  been  employed  in  incurring 
the  debt ;  or  when  he  has  concealed,  removed,  or  disposed  of  his 
property,  or  is  about  to  do  so,  with  intent  to  defraud  hia  creditors. 
Before  attachment  can  issue,  plaintiff  or  his  agent  must  prove  the 
facts  set  forth  in  his  affidavit;  he  must  also  execute  a  guarantee, 
vith  two  or  more  sureties,  to  pay  defendant  ah  costs  and  damages 


LAWS    CONCEEKINe    DEBT.  288 

that  way  be  sustained  in  consequence  of  the  arrest;  to  the  amount 
of  at  least  two  hundred  dollars.  The  officer  serving  the  writ  must 
notify  the  plaintiff  when  the  arrest  is  made.  Defendant  may  de- 
mand an  immediate  trial,  and  it  must  be  had  within  three  hours, 
(unless  the  trial  of  another  action  is  pending,}  otherwise  defendant 
is  discharged.  If  the  plaintiif  obtain  judgment  in  this  trial,  ho 
may  obtain  another  arrest  on  the  same  ground  as  the  first.  De- 
fendant may  be  discharged  upon  giving  an  undertaking,  with  two 
satisfactory  sureties,  binding  themselves  in  the  amount  named  in 
the  order  of  arrest,  that  he  will  render  himself  amenable  to  the 
process  of  the  Court.  Attachment  may  issue  against  the  property, 
real  or  personal,  of  a  debtor  for  an  obligation  founded  .on  contract 
for  the  payment  of  money  in  the  State,  whether  the  contract  was 
made  in  the  State  or  not.  In  cases  of  attachment,  it  matters  not 
whether  plaintiff  or  defendant  be  a  citizen  or  an  alien,  so  long  a8 
the  demand  grows  out  of  a  California  contract.  When  a  sale  on 
execution  takes  place,  the  personal  estate  must  be  first  disposed 
of;  then  the  real  property,  or  so  much  of  it  as  is  requisite  to  sa- 
tisfy the  demand.  The  debtor  may  at  any  time,  within  six  months 
after  the  sale,  redeem  all  real  es'ta.te,  except  leasehold,  of  unex- 
pired  terms  of  less  than  two  years,  by  paying  the  amount  for  which 
it  was' sold,  with  eighteen  percent,  interest  thereon.  The  pur- 
chaser is  entitled  to  receive  rent  from  any  person  who  may  be  io 
possession,  except  the  debtor. 

MINNESOTA. — The  constitution  of  this  State  expressly  forbids  the 
arrest  of  any  person  for  debt.  Attachments  can  be  issued  only 
against  a  debtor  when  the  plaintiff  or  complainant  shall  seek  to 
charge  the  defendant  with  fraud,  the  concealment  of  goods,  prop- 
erty, or  money,  or  with  bad  faith,  touching  any  pecuniary  or  busi- 
ness transaction,such  plaintiff  or  complainant  shall,  in  all  such  cases, 
be  left  to  his  suit  against  the  defendant,  in  and  by  which,  in  his 
pleadings,  he  shall  charge  the  defendant  with  such  fraud,  conceal- 
ment, &c.,  in  as  clear  and  distinct  a  manner  as  the  case  shall  per- 
mit, to  which  the  defendant  shall  answer  or  plead,  and  the  facts 
arising  or  elicited  upon  such  pleadings,  and  the  accompanying 
evidence,  shall  be  submitted  to  the  jury,  as  in  criminal  cases.  The 
plaintiff,  in  an  action  to  recover  the  possession  of  personal  prop- 
erty, may,  at  the  time  of  issuing  the  summons,  or  at  any  time  be- 
fore answer,  claim  the  immediate  delivery  of  such  property. 
When  a  delivery  is  claimed,  an  affidavit  must  he  made  by  the  plain- 
tiff,  or  by  some  one  in  his  behalf  showing  :  1.  That  the  plaintiff  is 
the  owner  of  the  property  claimed,  (particularly  describing  it,)  or 
is  lawfully  entitled  to  the  possession  thereof,  the  facts  in  respect  to 
which  must  be  set  forth.  2.  That  the  property  ?.s  wrongfully  de- 
tained by  the  defendant.  3.  The  alledged  cause  of  the  detention 
thereof,  according  to  his  best  knowledge,  information,  and  bolie£ 
4.  Tho  actual  value  of  the  property.  Tho  plaintiff  may,  thoronpoa, 


284  STA.TB  IAWS  CONCERNING  DEBT. 

by  indorsement  in  writing  upon  the  affidavit,  require  the  Sheriff 
of  the  county  where  the  property  claimed  may  be,  to  take  the 
same  from  the  defendant  and  deliver  it  to  the  plaintiff. 

OREGON. — A  debtor  may  be  arrested  in  this  State,  if  the  creditor 
can  prove  on  oath  that  the  said  debtor  is  not  a  resident  of  the 
State,  or  has  departed  therefrom,  or  that  there  is  good  reason  to 
believe  that  ho  is  about  to  leave  the  State,  with  the  intent  to  delay 
or  defraud  his  creditors,  or  to  avoid  the  service  of  a  summons  ;  or 
that  he  has  assigned,  secreted,  or  disposed  of,  or  is  about  to  assign, 
secrete,  or  dispose  of  his  property,  or  any  part  thereojf,  with  tho 
iutent  to  delay  or  defraud  his  creditors ;  or,  that  the"  debt  was 
traudulently  contracted. 

Before  executing  a  writ,  the  Sheriff  to  whom  it  is  directed  shall 
require  a  written  undertaking,  on  the  part  of  the  plaintiff,  with  one 
or  more  sureties,  in  a  sum  not  less  than  one  hundred  dollars,  nor 
exceeding  the  amount  claimed  by  the  plaintiff,  to  the  effect  that  if 
the  defendant  recover  judgment,  the  plaintiff  will  pay  all  costs  that 
may  be  awarded  to  the  defendant,  and  all  damages  which  he  may 
sustain  by  reason  of  the  attachment,  not  exceeding  the  sum  speci- 
fied in  the  undertaking. 

DISTRICT  OF  COLUMBIA. — No  person  can  be  imprisoned  on  any 
judgment  rendered  by  a  single  magistrate,  or  in  any  case  where 
the  judgment,  exclusive  of  costs,  shall  not  exceed  twenty  dollars; 
but  that  in  such  cases  execution  shall  be  only  on  the  goods  and 
chattels  of  the  debtor,  and  shall  issue  by  order  of  the  justice  who 
may  have  taken  cognizance  of  the  action,  from  the  clerk's  office, 
and  shall  bo  returnable  thereto.  Attachments  may  issue  against 
the  property  of  absconding  debtors,  and  others,  whose  persona 
cannot  be  arrested. 

KANSAS. — No  person  in  this  State  can  be  arrested,  held  to 
bail,  or  imprisoned  for  debt.  Creditors,  however,  whose  demands 
amount  to  fifty  dollars,  may  sue  their  debtors  in  any  court  having 
jurisdiction  of  the  subject  matter,  by  attachment,  in  the  following 
cases :  First.  Where  the  debtor  is  not  a  resident  of,  nor  resides 
within  this  State.  Second.  Where  the  debtor  conceals  him- 
self, so  that  the  ordinary  process  of  law  cannot  be  served  upou 
him.  Third.  Where  the  debtor  has  absconded  or  absented  him- 
self from  his  ordinary  place  of  abode  in  this  State,  so  that  the 
process  of  law  cannot  be  served  upon  hirn.  Fourth.  Where  tho 
debto*-  is  about  to  remove  his  property  or  eiFects  out  of  this 
State,  with  the  intent  to  defraud,  hinder,  or  delay  his  creditors. 
Fifth.  Where  the  debtor  has  fraudulently  conveyed  or  assigned,  01 
fraudulently  concealed  or-  disposed,  or  is  about,  fraudulently,  to 
convey  or  assign  his  property  or  effects,  so  as  to  hinder  or  delay 
his  creditors.  Sixth.  Where  the  debt  was  contracted  out  of  this 
State,  and  the  debtor  has  absconded  or  secretly  removed  hia 
picperty  01  effects  into  this  State,  with  the  intent  to  defraud 


STATE    LAWS   COWCKBNnro  DEBT.  285 

hinder,  or  delay  his  creditors.     An  affidavit,  alleging  any  one  of 
these  causes,  shall  be  held  and  adjudged  good  and  sufficient. 

NEBRASKA. — Any  person  may  be  arrested  in  this  state  for 
debt,  and  an  attachment  may  issue  when  any  person  or  persona 
shall  file  an  affidavit  before  any  judge  or  justice  of  the  peace,  sta^ 
ting  the  nature  of  the  plaintiff's  claim,  that  is  just,  and  the  amount 
thereof,  as  nearly  as  may  be,  and  establishing  one  or  more  of  the 
following  particulars.  First.  That  the  defendant  has  removed,  or 
begun  to  remove,  any  of  his  property  out  of  the  jurisdiction  of  the 
court,  with  intent  to  defraud  his  creditors  ;  that  he  has  begun  to 
convert  his  property,  or  a  part  thereof,  into  money,  for  the  purpo£0 
of  placing  it  beyond  the  reach  of  his  creditors;  that  he  has 

Eroperty,  or  rights  of  action,  which  he  fraudulently  conceals;  that 
e  has  assigned,  removed,  disposed  of,  or  has  begun  to  dispose  of 
his  property,  or  a  part  thereof,  with  intent  to  defraud  his  creditors  ; 
that  he  fraudulently  contracted  the  debt,  or  incurred  the  obligation, 
for  which  suit  is  about  to  be,  or  has  been  brought.  The  affidavit 
shall  also  contain  a  statement  of  the  facts  claimed  to  justify  the 
belief  in  the  existence  of  one  or  more  of  the  above  particulars. 

The  order  of  arrest  shall  not  be  issued  by  the  clerk  of  the  court, 
until  there  has  been  executed,  by  one  or  more  sufficient  sureties  of 
the  plaintiff,  a  written  undertaking,  to  the  effect  that  the  plaintiff 
Bhall  pay  to  the  defendant  all  damages  which  he  may  sustain  by 
reason  of  the  arrest,  if  the  order  be  wrongfully  obtained,  not  ex- 
ceeding double  the  amount  of  the  plaintiff's  claim  stated  in  the 
affidavit. 

UTAH. — Attachments  may  issue  within  the  limits  of  this  terri- 
tory, when  any  person  or  persons  shall  file  an  affidavit  in  any  of 
the  courts  of  this  territory  that  some  person  or  persons  are  about 
to  leave  the  county  or  territory,  removing  their  effects  with  the 
intention,  he  believes,  of  defrauding  his,  her,  or  their  creditors, 
and  that  such  person  or  persons  are  indebted  to  him,  her,  or  them, 
either  by  note  or  book  account,  and  are  about  to  leave  without 
paying  the  same,  the  court  shall  issue  a  writ  of  attachment  upon 

Eods,  chattels,  and  effects,  of  such  person  or  persons,  and  such 
chattels,  and  effects  shall  be  held  to  pay  the  debt  and  costs, 
n  a  trial,  judgment  shall  be  rendered  against  the  defendant 
The  writ  of  attachment  may  be  directed  to  any  and  all  persons 
that  shall  be  owing  the  said  defendant  when  there  is  not  sufficient 
property  found  to  satisfy  the  debt  and  costs ;  and  any  such  person, 
BO  notified  or  served  with  an  attachment,  shall  be  held  liable  to  the 
amount  of  his  indebtedness. 

WASHINGTON. — Attachments  may  issue  against  a  debtor  when 
he  does  not  reside  within  the  limits  of  this  territory;  when  ho 
secretes  himself  to  avoid  process ;  when  he  has  removed.,  or  is  about 
tc  remove  his  property,  or  a  material  part  thereof;  when  ho  ia 


STATE   LAWS   COXCEBNIWO   DEBT. 

about  to  sell,  convey,  or  otherwise  dispose  of  his  property,  with 
intent  to  hinder,  defraud,  or  delay  his  creditors.  No  attach- 
ment, for  being  a  non-resident,  or  secretly  leaving  the  Territory, 
shall  issue  against  any  debtor  while  his  family  remains  settled 
within  the  county  where  he  usually  resided,  prior  to  his  absence, 
if  he  shall  not  continue  absent  from  the  Territory  more  than  one 
year  after  he  shall  have  absented  himself,  unless  an  attempt  bo 
made  to  conceal  his  absence.  The  plaintiff,  or  some  one  in  his 
behalf,  shall,  before  a  writ  issues,  execute  a  bond,  with  sufficient 
surety,  to  be  approved  by  the  clerk  of  the  court,  payable  to  the 
defendant,  agreeing  to  pay  all  damages  which  may  be  sustained 
by  the  defendant,  if  the  proceedings  of  the  plaintiff  shall  be 
wrongful  and  oppressive. 

NEVADA  TERRITORY. — Attachments  may  issue  against  a 
debtor  when  he  is  not  a  resident  of  this  Territory  ;  when  he  has 
absconded  or  absented  himself  from  his  usual  place  of  abode, 
or  is  about  to  abscond  or  absent  himself,  so  that  the  ordinary 
process  of  law  cannot  be  served  upon  him ;  when  he  conceals 
himself  to  avoid  process  ;  when  he  has  removed,  or  is  about  to 
remove,  any  of  his  property  or  effects  out  of  the  Territory,  to 
the  injury  of  his  creditors,  or  with  the  intent  to  hinder,  delay, 
or  defraud  them  ;  when  he  has  fraudulently  conveyed,  assigned, 
or  otherwise  disposed  of  his  property  or  effects ;  when  he  has 
fraudulently  concealed  his  property  and  effects ;  and  when  he 
fraudulently  contracted  the  debt,  or  incurred  the  obligation 
respecting  which  a  suit  is  brought. 

Before  issuing  a  writ,  the  clerk  shall  require  a  written  under- 
taking on  the  part  of  the  plaintiff,  in  a  sum  not  less  than  two 
hundred  dollars,  nor  exceeding  the  amount  claimed  by  the 
plaintiff,  with  sufficient  sureties  to  the  effect,  that  if  the  defend- 
ant recover  judgment,  or  if  the  attachment  should  be  dismissed, 
the  plaintiff  will  pay  all  costs  that  may  be  awarded  to  the 
defendant,  and  all  damage  which  he  may  sustain  by  reason 
of  the  attachment,  not  exceeding  the  sum  specified  in  the  under- 
taking. 

DAKOTA  TERRITORY. — Attachments  may  issue  against  a  debtor 
when  he  is  not  a  resident  of  this  Territory ;  when  he  has  ab- 
sconded with  the  intent  to  defraud  his  creditors,  when  he  has 
left  the  county  of  his  residence,  to  avoid  the  service  of  a  sum- 
mons, or  so  conceals  himself  that  a  summons  cannot  be  served 
upon  him  ;  when  he  is  about  to  remove  his  property,  or  a  part 
thereof,  out  of  the  jurisdiction  of  the  court,  with  the  intent  to 
defraud  his  creditors  ;  when  he  is  about  to  convert  his  property, 
or  a  part  thereof,  into  money,  for  the  purpose  of  placing  it 
beyond  the  reach  of  his  creditors ;  when  he  has  property,  or 
rights  in  action,  which  he  conceals;  when  he  has  assigned, 


STATE  LAWS   CONCERNING   DEBT.  287 

removed,  or  disposed  of,  or  is  about  to  dispose  of  his  property, 
or  a  part  thereof,  with  the  intent  to  defraud  his  creditors  ;  when 
he  has  fraudulently  contracted  the  debt,  or  incurred  the  obliga- 
tions for  which  suit  is  about  to  be,  or  has  been  brought.  But  au 
attachment  shall  not  be  granted  on  the  ground  that  the  defend 
ant  is  a  foreign  corporation  or  a  non-resident  of  this  Territory, 
for  any  claim  other  than  a  debt  or  demand  arising  upon  con- 
tract, judgment,  or  decree.  When  the  ground  of  the  attach- 
ment is,  that  the  defendant  is  a  foreign  corporation,  or  a  non- 
resident of  this  Territory,  the  order  of  attachment  may  be  issued 
without  an  undertaking.  In  all  other  cases,  the  order  of  attach- 
ment shall  not  be  issued  by  the  clerk  of  the  court,  until  there 
has  been  executed  in  his  office,  by  one  or  more  sufficient  sureties 
of  the  plaintiff,  to  be  approved  by  the  clerk,  an  undertaking 
not  exceeding  double  the  amount  of  the  plaintiff's  claim,  to  the 
effect  that  the  plaintiff  shall  pay  the  defendant  all  damages, 
which  he  may  sustain  by  reason  of  the  attachment,  if  the  order 
be  wrongfully  obtained. 

COLORADO-  TERRITORY. — Imprisonment  for  debt  does  not 
exist  in  this  Territory.  If  any  creditor,  his  agent,  or  attorney, 
shall  file  an  affidavit,  in  the  office  of  the  clerk  of  the  District 
Court  of  any  county  in  this  Territory,  setting  forth,  that  any 
person  is  indebted  to  such  creditor  in  a  sum  exceeding  twenty 
dollars,  stating  the  nature  and  amount  of  such  indebtedness,  as 
near  as  may  be,  and  that  such  debtor  has  departed,  or  is  about 
to  depart  from  this  Territory,  with  the  intention  of  having  his 
effects  removed  from  this  Territory,  or  is  about  to  remove  his 
property,  to  the  injury  of  such  creditor,  or  that  such  debtor 
conceals  himself  or  stands  in  defiance  of  an  officer  so  that  pro- 
cess cannot  be  served  upon  him,  or  is  not  a  resident  of  thia 
Territory,  or  that  he  is  converting,  or  is  about  to  convert  his 
property  into  money,  or  otherwise  dispose  of  his  property  with 
the  intent  of  placing  it  beyond  the  reach  of  such  creditor,  it 
shall  be  lawful  for  such  clerk  to  issue  a  writ  of  attachment, 
directed  to  the  sheriff  of  the  county,  returnable  like  other  writs, 
commanding  him  to  attach  lands,  tenements,  goods,  chattels, 
rights,  credits,  moneys,  and  effects  of  said  debtor  of  every  kind, 
or  so  much  thereof  as  will  be  sufficient  to  satisfy  the  claim 
bworn  to,  with  interest  and  costs  of  suit,  in  whose  hands  or 
possession  the  same  may  be  found ;  and  it  shall  be  lawful  for 
the  clerk  to  issue,  and  the  sheriff  or  other  officer  to  serve,  an 
attachment  against  such  debtor,  on  a  Sunday,  as  on  any  other 
day,  as  is  directed  in  this  act. 


288  HOUSEHOLD   AWD   HOMESTEAD 

HOUSEHOLD     AND     HOMESTEAD 
EXEMPTION    LAWS. 

THE  following  are  the  laws  of  the  different  States  relative  to 
the  property  exempted  by  statute  from  attachment  on  execution : 

MAINE. — The  wearing  apparel  of  the  debtor  and  his  family ; 
one  bedstead,  bed,  and  necessary  bedding  for  every  two  persons 
in  the  family,  and  other  household  furniture  to  the  value  of 
fifty  dollars ;  the  tools  necessary  for  the  debtor's  trade  or  occu- 

Eation ;  all  the  Bibles  and  school-books  in  actual  use  in  the 
unily,  and  one  copy  of  the  State  Statutes ;  stoves  used  exclu- 
sively for  warming  buildings ;  one  cow  and  one  heifer,  till  she 
becomes  three  years  old;  two  swine,  one  of  which  shall  not 
weigh  more  than  one  hundred  pounds ;  (and  when  the  debtor 
owns  a  cow  and  a  heifer  more  than  three  years  old,  or  two  swine, 
each  weighing  more  than  one  hundred  pounds,  he  may  elect  the 
cow  or  the  heifer,  or  either  of  the  swine,  to  be  exempted  ;)  ten 
sheep  and  the  wool  from  them  ;  thirty  hundred  weight  of  hay 
for  the  cow,  and  two  tons  for  the  sheep,  and  a  sufficient  quantity 
for  the  heifer,  proportioned  to  its  age ;  the  produce  of  farms 
while  standing  and  growing  and  until  harvested,  and  sufficient 
com  and  grain  for  the  sustenance  of  the  debtor  and  his  family, 
not  exceeding  thirty  bushels ;  one  pew  in  any  meeting-house 
where  he  and  his  family  statedly  worship ;  all  potatoes  raised 
or  purchased  for  the  consumption  of  himself  and  family ;  fire- 
wood, not  exceeding  twelve  cords,  conveyed  to  his  house  for  his 
use ;  one  boat,  not  exceeding  two  tons  burden,  being  owned 
wholly  by  an  inhabitant  of  the  State,  and  usually  employed  in 
the  fishing  business  ;  one  cart,. of  the  value  of  twenty-five  dol- 
lars; one  harrow,  five  dollars;  one  plough,  ten  dollars;  one 
cooking-stove,  thirty-five  dollars ;  anthracite  coal,  five  tons ; 
bituminous  coal,  fifty  bushels ;  and  all  charcoal  on  hand ;  one 
pair  of  bulls,  steers,  or  oxen,  together  with  hay  enough  to  keep 
them  through  the  winter ;  one  ox-yoke,  with  bows,  ring,  and 
staple,  to  the  value  of  three  dollars ;  two  chairs,  three  dollars 
each ;  one  ox  shed,  ten  dollars ;  one  or  two  horses,  instead  of 
oxen,  to  the  value  of  one  hundred  dollars.;  one  barrel  of  flour, 
and  ten  dollars'  worth  of  lumber,  wood,  or  bark ;  also,  a  lot  of 
land,  not  exceeding  half  an  acre,  used  solely  as  a  burying-ground. 
One  sewing-machine,  worth  not  over  one  hundred  Collars, 
kept  for  actual  use  by  debtor  or  his  family.  All  flax  raised  on 
one  half  acre  of  ground  for  use  of  producer  and  family,  and  all 
articles  manufactured  therefrom. 

Homestead, — The  head  of  any  family,  or  any  householder  wish- 
Ing  to  exempt  his  homestead,  consisting  pf  a  lot  of  land  with 
Dwelling-house  and  out-buildings  thereon,  may  file  a  certificate 


EXEMPTION    LAWS.  28  ' 

signed  by  himself,  which  shall  declare  his  wish  and  describe  In  a 
homestead,  with  the  Register  of  Deeds  for  the  county  wherein 
his  homestead  lies ;  and  so  much  of  the  property  as  does  noi 
exceed  five  hundred  dollars  in  value  shall  be  forever  exempt 
from  liability  for  any  debt  contracted  after  the  recording  of  the 
certificate.  The  widow  and  minor  children  of  any  person  de- 
ceased who  held  property  thus  exempt,  may  continue  to  hold 
the  premises  exempt  during  the  minority  of  the  children,  or 
while  the  widow  remains  single. 

NEW  HAMPSHIRE. — Personal. — All  the  necessary  wearing  ap- 
parel of  the  debtor  and  his  family ;  bedsteads,  beds,  and  bed- 
ding for  the  family  ;  household  furniture  to  the  yalue  of  twenty 
dollars ;  all  the  Bibles  and  school-books  in  use  in  the  family ; 
one  cow,  and  one-and-a-half  tons  of  hay  ;  one  hog  and  one  pig, 
and  the  pork  of  the  same  when  slaughtered ;  tools  of  the  debt- 
or's occupation,  to  the  value  of  twenty  dollars :  six  sheep  and 
their  fleeces  ;  one  cooking-stove  and  its  appendages  ;  provisions 
and  fuel  to  the  value  of  twenty  dollars ;  the  interest  in  one  pew 
in  any  nieeting-house  in  which  the  debtor  or  his  family  usually 
worship,  and  in  one  lot  or  right  of  burial  in  any  cemetery.  Also, 
the  uniform,  arms  or  equipments,  of  every  officer  and  private  in 
the  militia. 

Homestead. — The  homestead  of  a  householder  is  exempt  from 
execution  on  any  cause  of  action  which  has  accrued  since  Jan- 
uary 1,  1852.  It  must  not  exceed  in  value  five  hundred  dollars, 
and  is  not  subject  to  devise  so  long  as  the  widow  or  minor  chil- 
dren shall  occupy  the  same  ;  and  no  release  or  waiver  of  this  ex- 
emption is  valid  unless  made  by  deed  executed  by  the  husband 
and  wife ;  or,  if  the  wife  be  dead,  and  there  be  minor  children, 
then  by  deed  executed  by  the  husband  with  the  consent  of  the 
Judge  of  Probate  in  the  county  in  which  the  land  is  situate, 
endorsed  on  the  deed.  The  exemption  extends  to  any  interest, 
not  exceeding  five  hundred  dollars  in  value,  which  the  debtor 
may  have  in  a  building  occupied  by  him  as  a  homestead,  though 
standing  on  land  owned  by  another. 

-  The  Sheriff,  holding  an  execution  about  to  be  levied  on  lands 
and  tenements,  is  required,  on  application  of  the  debtor  or  his 
wife,  to  cause  a  homestead,  not  exceeding  five  hundred  dollars 
in  value,  to  be  set  off  from  the  lands  and  tenements  of  the  debt- 
or, in  the  following  manner :  Three  sworn  appraisers,  disinter- 
ested and  discreet  persons,  residents  in  the  county,  are  chosen ; 
one  by  the  officer,  one  by  the  creditor,  and  one  by  the  debtor, 
who  proceed  to  set-off  a  homestead  by  metes  and  bounds,  and 
their  set-off  and  assignment  is  returned  by  the  officer  for  record 
in  court.  The  court  out  of  which  the  writ  of  execution  or  at- 
tachment is  sued,  may,  upon  good  cause  shown,  order  a  re-ap- 
praisement and  re-assignment  by  the  same  or  other  appraisers. 


290  HOUSEHOLD   AND    HOMESTEAD 

under  instructions  from  the  court,  and  the  re-appraisement 
returned  f.nd  recorded  in  the  same  manner  as  the  first.  Whev- 
the  homastead  of  any  head  of  a  family,  in  the  opinion  of  the 
appraisers,  cannot  be  divided  without  injury  and  inconvenience, 
they  shall  make  an  appraisement  of  the  whole  property.  The 
appraisal  is  delivered  by  the  officer  to  the  execution  debtor,  or 
to  some  member  of  his  family  old  enough  to  understand  it,  with 
a  notice  attached,  that  unless  the  execution  debtor  shall,  within 
sixty  days,  pay  to  the  officer  the  surplus  value  over  five  hundred 
dollars,  the  premises  will  be  sold.  If  the  surplus  is  not  paid, 
the  officer,  observing  all  the  forms  required,  makes  a  sale  of  the 
premises,  and  out  of  the  proceeds  pays  to  the  execution  debtor, 
if  his  wife  gives  her  written  consent  to  such  payment,  the  sum 
of  five  hundred  dollars.  If  the  wife  does  not  consent  to  such 
payment,  the  officer  must  deposit  the  amount  in  some  savings 
institution,  to  the  joint  credit  of  husband  and  wife,  and  to  be 
withdrawn  only  by  their  joint  order,  or  by  the  order  of  the  sur- 
vivor in  case  of  the  death  of  either.  The  amount  is  exempt  for 
one  year  from  the  date  of  payment  or  deposit.  The  balance  of 
proceeds  of  sale  is  applied  on  the  execution.  No  sale  can,  how- 
ever, be  made,  unless  more  than  five  hundred  dollars  is  bid  ;  if 
less,  the  execution  may  be  returned  unsatisfied. 

VERMONT. — Personal. — Suitable  apparel,  bedding,  tools,  arms, 
and  articles  of  household  furniture,  as  may  be  necessary  for 
upholding  life,  one  sewing  machine  kept  for  use,  one  cow,  the 
best  swine,  or  the  meat  of  one  swine,  ten  sheep,  and  one  year's 
product  of  said  sheep  in  wool,  yarn,  or  cloth,  forage  sufficient 
for  keeping  not  exceeding  ten  sheep  and  one  cow  through  one 
winter,  tcn'cords  of  firewood,  twenty  bushels  of  potatoes,  such 
military  arms  and  accoutrements  as  the  debtor  is  required  by 
law  to  furnish,  all  growing  crops,  ten  bushels  of  grain,  one  barrel 
of  flower,  three  swarms  of  bees,  and  hives,  together  with  their 
produce  in  honey,  two  hundred  pounds  of  sugar,  and  all  lettered 
gravestones,  the  Bibles  and  other  books  used  in  a  family,  one 
pew  or  slip  in  a  meeting-house  or  place  of  religious  worship,  live 
poultry,  not  exceeding  in  amount  or  value  the  sum  of  ten  dollars ; 
the  professional  books  of  clergymen  and  attorneys  at  law,  to  the 
value  of  two  hundred  dollars ;  and  also  one  yoke  of  oxen  or 
Bteers,  as  the  debtor  may  select,  with  sufficient  forage  for  the 
keeping  the  same  through  the  winter :  Provided,  however,  this 
latter  exemption,  as  to  one  yoke  of  oxen  or  steers,  and  the  for- 
age therefor,  is  not  to  extend  to  any  attachment  issued  on  any 
contract  made  on  or  before  the  twenty-first  day  of  November, 
1859,  or  to  any  execution  issued  on  a  judgment  founded  on  any 
such  contract. 

Homestead. — The  homestead  of  every  housekeeper  residing 
within  i&e  State,  consisting  of  a  dwelling-house,  out-buildings, 
<nd  the  !ands  appurtetfant  thereto,  occupied  by  the  housekeeper 


EXEMPTION   LAWS.  291 

as  a  homestead,  and  the  yearly  products  thereof,  the  whole  not 
to  exceed  five  hundred  dollars  in  value,  are  exempt  from  attach- 
ment in  all  cases  where  the  cause  of  action  occurred  subsequent 
to  the  first  clay  of  December,  1850,  except  when  the  cause  of  ac- 
tion occurred  previous  to,  or  at  the  time  of  the  purchase  of  the 
homestead,  or  the  action  to  be  brought  to  enforce  the  payment 
of  taxes  legally  assessed. 

Whenever  the  real  estate  of  a  housekeeper  is  levied  upon,  such 
portion  as  he  may  occupy  as  a  homestead,  or  may  elect  to  regard 
as  such,  to  the  value  of  live  hundred  dollars,  is  set  out  to  him  by 
the  appraisers  on  the  execution,  upon  their  oaths,  and  the  re- 
mainder only  is  set-off  to  the  execution  creditor. 

If  a  housekeeper  decease,  leaving  a  widow,  the  homestead 
passes  to  his  widow  and  children,  if  any  there  be,  in  direct 
course  of  descent,  not  subject  to  the  payment  of  the  debts  of  the 
deceased,  unless  made  specially  chargeable  thereon,  and,  if  neces- 
sary, the  Probate  Court  appoints  a  commission  to  set  out  to  the 
widow,  or  widow  and  children,  the  homestead,  provided  that 
such  children  shall  only  have  an  interest  in  such  homestead  until 
they  shall  attain  their  majority. 

The  homestead  cannot  be  sold  or  mortgaged  by  the  owner,  if 
a  married  man,  without  the  consent  and  signature  of  his  wife, 
excepting  at  the  time  of  the  purchase  of  the  homestead,  when,  to 
secure  the  payment  of  the  purchase  money,  the  husband  may  ex- 
ecute a  mortgage  without  the  consent  of  the  wife.  The  time 
when  the  deed  to  the  owner  of  a  homestead  is  left  in  the  Town 
Clerk's  office  for  record,  is  deemed  the  time  of  purchase.  The 
cost  and  expenses  of  setting  out  a  homestead,  or  ite  yearly  pro- 
ducts, as  provided  by  law,  are  charged  in  the  officer's  bill  of 
fees  upon  the  writ  or  execution. 

MASSACHUSETTS. — Personal. — All  the  necessary  wearing  apparel 
of  the  debtor  and  his  family  ;  one  bedstead,  bed,  and  the  neces- 
sary bedding  for  every  two  persons  in  the  family ;  one  iron  stove 
in  use  in  the  dwelling-house,  and  fuel  to  the  value  of  ten  dollars, 
designed  for  the  use.  of  the  family;  other  necessary  household 
furniture,  to  the  value  of  one  hundred  dollars;  the  Bibles  and 
Bchool-books  used  in  the  family ;  one  cow,  six  sheep,  not  exceed- 
ing thirty  dollars  in  value  •  one  swine,  and  two  tons  of  hay ;  the 
tools  and  implements  of  the  debtor  necessary  for  carrying  on  his 
trade  or  business,  and  not  exceeding  fifty  dollars  in  value;  the 
materials  and  stock  in  trade  for  carrying  on  his  business,  not 
beyond  fifty  dollars;  the  uniform,  arms,  and  accoutrements  re- 
quired by  law,  belonging  to  a  member  of  the  militia  ;  ammuni- 
tion and  provisions  intended  for  the  use  of  the  family,  not  ex- 
ceeding fifty  dollars  iu  value,  and  rights  of  burial  and  tombs 
while  in  use  as  repositories  for  the  dead. 

Homestead. — There  are  exempt,  to  the  value  of  eight  hundred 


292  HOUSEHOLD   AND    HOMESTEAD 

dollars,  the  lot  and  buildings  thereon  owned  and  occupied  as  a 
residence  by  the  debtor,  or  the  buildings  so  occupied  and  owned, 
situated  on* land  in  the  rightful  possession  of  the  debtor  and  hig 
family,  by  lease  or  otherwise.  Such  exemption  can  only  be  re- 
leased by  a  deed,  acknowledged  and  recorded  as  in  the  case  of 
conveyances  of  real  estate.  The  exemption  continues,  after  the 
death  of  the  debtor,  for  the  benefit  of  t'ue  widow  and  children, 
if  some  of  them  continue  to  occupy  it,  uatil  the  youngest  child 
is  twenty-one,  and  until  the  marriage  or  death  of  the  widow.  Tc 
.entitle  property  to  such  exemption,  the  owner  must  have  set 
forth  his  intention  to  hold  the  same  as  a  homestead  in  his  deed 
of  purchase,  or  must  declare  his  intention  in  writing,  and  havo 
it  recorded  in  the  registry  of  deeds  in  the  county  wherein  the 
land  lies.  Sjich  property,  however,  is  not  exempt  from  levy  for 
taxes,  or  for  a  debt  contracted  for  the  purchase,  or  for  the  ground- 
rent  of  the  lot  whereon  the  buildings  are  situated,  or  for  any 
debt  contracted  previously  to  the  recording  of  the  intention  to 
hold  the  property  as  a  homestead.  No  conveyance  of  exemption 
property  by  a  married  man  is  valid  unless  the  wife  joins  in  the 
conveyance. 

If  a  judgment  creditor  requires  an  execution  to  be  levied  on 
property  which  the  debtor  claims  as  exempt,  and  the  officer 
thinks  that  the  property  exceeds  eight  hundred  dollars  in  value, 
then  appraisers  are  to  be  appointed,  as  in  case  of  the  levy  of 
executions  on  real  estate.  If,  in  their  judgment,  the  premises 
exceed  in  value  eight  hundred  dollars,  arid  can  be  divided  with- 
out injury,  they  shall  set-off  to  the  judgment  debtor  as  much  ot 
the  premises,  including  the  house,  as  appear  to  them  to  be  of 
the  value  of  eight  hundred  dollars,  and  the  remainder  of  the  pro- 
perty shall  be  dealt  with  as  other  real  property  not  exempt  from 
execution.  But  if  they  think  it  cannot  be  conveniently  divided, 
they  shall  make  and  deliver  to  the  officer  their  appraisal,  and  the 
Sheriff  or  his  deputy  shall  deliver  a  copy  to  the  judgment  debtor 
or  to  the  lawful  occupant  of  the  homestead.  If  the  judgment 
debtor  does  not  then,  within  sixty  days,  pay  on  the  execution 
the  excess  of  the  value  of  the  premises  above  the  sum  of  eight 
hundred  dollars,  the  creditor  may  require  the  premises  to  be  sold 
by  the  Sheriff,  and  from  the  proceeds  the  officer  must  pay  to  the 
debtor  the  sum  of  eight  hundred  dollars,  to  be  exempt  from 
execution  for  one  year  thereafter,  and  apply  the  balance  upon 
the  execution.  But  the  premises  shall  not  be  sold  unless  more 
than  eight  hundred  dollars  are  bid.  If  so  large  a  bid  cannot  be 
obtained,  the  execution  may  be  returned  unsatisfied. 

RHODE  ISLAND. — In  this  State  the  law  exempts  from  sale  on 

execution  the  household  furniture  and  family  stores  of  a  house 

keeper,  provided  the  same  do  not  exceed  in  value  the  sum  of 

two  hundred  dollars;    all  the  necessary  wearing  apparel  of  a 

«btor  end  his  family ;  one  cow,  and  one  hog,  together  with  the 


EXEMPTION    LAWS.  293 

tools  or  implements  of  his  trade  or  profession,  to  the  value  of  fifty 
dollars. 

CONNECTICUT. — All  wearing  apparel,  bedding,  and  necessary 
household  furniture;  arms  and  military  equipments;  implements 
of  the  debtor's  trade ;  one  cow,  ten  sheep,  two  swine,  and  the  pork 
produced  from  two  swine,  or  two  swine,  and  two  hundred  pounds 
of  pork;  twenty-five  bushels  charcoal;  other  coals,  two  tons; 
wheat  flour,  two  hundred  pounds ;  wood,  two  cords ;  hay,  two 
tons ;  beef,  two  hundred  pounds ;  fish,  two  hundred  pounds ;  po- 
tatoes and  turnips,  five  bushels  each;  Indian  corn  or  rye,  ten 
bushels  each,  and  the  meal  or  nour  manufactured  therefrom ;  wool 
or  flax,  twenty  pounds  each,  or  the%  yarn  or  cloth  made  therefrom .. 
one  stove  and  its  pipe,  the  property  of  a  man  with  a  family  ;  the 
horse,  saddle  and  bridle,  to  the  value  of  one  hundred  dollars,  ol 
any  practising  physician  or  surgeon ;  one  sewing-machine ;  any 
part  of  a  burying-ground,  designated  as  the  burial-place  of  any  par- 
ticular person  or  family ;  and  one  pew  ordinarily  occupied  by  the 
debtor's  family ;  pay  and  bounty,  whether  public  or  private,  of 
soldiers  in  the  service  of  the  State  or  United  States. 

NEW  T "ORK.— Personal. — When  owned  by  a  householder.  All 
spinning-wheels,  weaving-looms  and  stoves  put  up  or  kept  foi 
use  in  any  dwelling-house ;  one  sewing-machine  with  appurten- 
ances ;  the  family  Bible,  family  pictures  and  school-books  used  by 
or  in  the  family ;  books,  not  exceeding  fifty  dollars,  part  of  a 
family  library ;  pew  or  seat  in  church  in  use  by  debtor  or  family , 
ten  sheep,  with  their  fleeces,  and  the  yarn  or  cloth  manufactured 
therefrom;  pork,  beef,  fish,  flour  and  vegetables  provided  for 
family  use;  fuel  neceasary  for  family  for  sixty  days;  necessary 
wearing  apparel,  beds,  bedsteads  and  bedding  for  debtor  and 
family ;  arms  and  accoutrements  required  by  law ;  cooking  uten- 
sils ;  one  table,  six  chairs,  six  knives  and  forks,  six  plates,  six  tea- 
cups and  saucers,  one  sugar-dish,  one  milk-pot,  one  tea-pot,  six 
spoons,  one  crane  and  appendages,  one  pair  of  andirons,  shovel 
and  tonga ;  tools  and  implements  of  any  mechanic  necessary  to 
the  carrying  on  of  his  trade,  to  the  value  of  twenty-five  dollars ; 
also  in  addition,  when  owned  by  a  householder  or  any  one  having 
a  family  for  which  he  provides ;  all  necessary  household  furniture 
arui  working  tools,  professional  instruments,  furniture  and  library ; 
and  team  not  worth  over  $250,  and  the  food  necessary  for  sue* 
team  for  ninety  days,  except  on  executions  for  purchase-money  of 
such  things,  or  eor  wages  of  a  domestic  in  a  family ;  land  not  over 
a  quarter  of  an  acre  s<ft  apart  for  burial-place  and  vault  thereon. 

Homestead — The  lot,  and  buildings  thereon,  io  the  value  of  one 
thousand  dollars,  occupied  as  a  residence,  and  owned  by  the  debt- 
or, is  exempt  from  exeoution.  The  exemption  continues  after  the 
death  of  the  householder,  for  the  benefit  of  the  widow  and  family, 
until  the  youngest  child  becomes  of  age,  and  until  the  death  of  the 
widow,  provided  one  or  uKKe  of  the  family  occupy  the  premise? 


EXEMPTION  LAWS. 

No  release  of  the  exemption  ie  valid  unless  mude  in  writing,  sub- 
scrioed  by  the  householder,  and  acknowledged  in  the  same  manner 
as  a  conveyance  of  real  estate.  To  entitle  property  to  exemp- 
tion, the  conveyance  must  show  the  design  of  the  householder  to 
hold  it  as  a  homestead,  or  a  notice  of  his  intention,  containing  a 
full  description  of  the  property,  must  be  executed  and  acknowl- 
edged by  the  owner,  and  recorded  in  the  office  of  the  clerk  of  the 
county  wherein  the  homestead  is  situated,  in  a  book  provided  for 
that  purpose,  and  known  as  the  "  Homestead  Exemption  Book.77 
No  property  is  exempt  from  sale  for  non-payment  of  taxes  or  as- 
sessments, or  for  a  debt  contracted  for  the  purchase  money  of  the 
premises,  or  contracted  prior  to  the  recording  of  the  deed  01 
notice  as  above  required. 

If  the  Sheriff  holding  the  execution  thinks  that  the  premises 
claimed  as  exempt  are  worth  more  tuan  one  thousand  dollars,  he 
shall  summon  six  qualified  jurors  of  his  county,  who  shall,  upon 
oath,  to  be  administered  to  them  by  the  Sheriff,  appraise  the  prem- 
ises ;  and  if,  in  their  opinion,  the  premises  may  be  divided  without 
injury  to  the  interests  of  the  parties,  they  shall  set-off  as  much  of 
the  premises,  including  the  dwelling-house,  as  they  value  at  one 
thousand  dollars,  and  the  residue  may  be  sold  by  the  Sheriff.  In 
ea«e  the  premises  exceed  one  thousand  dollars  in  value,  but  can- 
not be  divided,  they  shall  deliver  an  appraisal  of  the  value  of  the 
property  to  the  Sheriff,  who  delivers  a  copy  to  the  execution  debt- 
or, or  to  some  of  his  family  of  suitable  age  to  undei  stand  it,  with  a 
notice  attached,  that  unless  the  execution  debtor  pays  to  the 
Sheriff,  within  sixty  days,  the  surplus  over  and  above  one  thou- 
sand dollars,  the  premises  will  be  sold.  In  case  the  surplus  is 
not  paid  within  sixty  days,  the  Sheriff  may  sell  the  property,  pay 
to  the  execution  debtor  one  thousand  dollars  of  the  proceeds,  which 
shall  be  exempt  from  execution  for  one  year  thereafter,  and  apply 
the  balance  to  the  execution.  Unless  upward  of  one  thousand 
dollars  is  bid,  no  sale  shall  be  made,  and  in  such  case  the  Sheriff 
may  return  the  execution  unsatisfied.  The  expenses  of  thus  selling 
a  homestead  are  to  be  included  in  the  costs  upon  the  execution 

NEW  JERSEY — Personal — The  following  articles,  the  property 
of  the  head  of  a  family,  are  exempt  from  execution  upon  judg- 
ment, founded  on  contracts  made  before  the  14th  March,  1851 
One  cow  ;  one  bed  and  bedding:  one  cradle  ;  one  stove;  one  half 
cord  of  firewood  ;  one  half  ton  of  stove  coal ;  one  spinning-wheel ; 
one  table  ;  six  chairs  ;  one  hog;  one  hundred  pounds  of  flour ;  one 
iron  cooking  pot ;  knives,  forks,  plates,  and  spoons,  one  dozen 
each ;  half  dozen  bowls  •  two  pails  j  one  barrel :  one  coffee-pot  ; 
one  tub ;  one  trying-pan  ;  the  necessary  tools  of  a  tradesman,  t# 
the  value  of  ten  dollars;  and  all  necessary  wearing  apparel 
A  supplementary  act  was  passed  February  6,  1858,  allowing,  in 
all  assignments  of  debtors  for  the  benefit  of  creditors,  goods  and 


EXEMPTION    LAWS  295 

chattels  to  the  value  of  two  hundred  dollars,  and  all  wearing  np 
par  el  for  tLo  use  of  the  debtor  and  his  family. 

Homestead.— In.  addition  to  the  foregoing,  there  is  exempt,  bj 
law,  from  sale  on  execution,  fcr  debts  hereafter  contracted,  the  lot 
and  buildings  thereon,  occupied  as  a  residence,  and  owned  by  the 
debtor,  to  the  value  of  one  thousand  dollars.  This  exemption  will 
continue  after  the  death  of  the  debtor,  for  the  benefit  of  his  widow 
and  family,  provided  one  or  more  of  them  continue  to  occupy  the 
same  till  the  youngest  child  is  of  age,  and  until  the  death  of  the 
widow.  No  release  or  waiver  of  this  redemption  is  valid.  But  to 
entitle  a  householder  to  the  benefit  of  this  exemption,  a  notice  of 
his  design  to  hold  the  property  as  a  homestead  must  be  executed, 
and  recorded  in  the  Clerk's  office  of  the  county  where  the  proper- 
ty is  situated,  and  pub^nhed  once  a  week,  for  six  weeks,  in  a 
newspaper  published  in  the  <  ^uty,  or  in  the  newspaper  published 
nearest  the  same.  No  propercy  shall,  however,  by  virtue  of  this 
act,  be  exempt  from  sale  for  non-payment  of  taxes  or  assessments, 
or  for  any  labor  done  thereon,  or  materials  furnished  therefor,  or 
for  debts  contracted  prior  to  the  recording  of  the  aforesaid  deed 
or  notice.  A  homestead  must  be  reserved  as  such  for  the  use  of 
the  family  :  it  cannot  be  leased  or  sold  without  the  full  and  free 
consent  of  the  wife  of  the  owner.  If  an  officer  cannot  find  sufficient 
property,  apart  from  that  which  is  exempt,  to  satisfy  the  execu- 
tion, a  Judge  of  the  Court  of  Common  Pleas  may  appoint  six 
disinterested  persons  to  appraise  the  homestead,  and  if  its  value 
exceed  one  thousand  dollars,  the  excess  may  be  sold  for  the  bene- 
fit of  the  judgment  creditor. 

PENNSYLVANIA. — Property  to  the  value  of  three  hundred 
dollars,  over  and  above  all  wearing  apparel  of  defendant  and  his 
family,  and  all  Bibles  and  school  books  used  in  the  family,  are 
exempt.  The  debtor  must  elect  to  retain  either  real  or  personal 
estate  of  the  value  mentioned.  Bonds,  mortgages,  or  other  con- 
tracts for  the  purchase  money  of  real  estate,  are  excepted  from 
the  operation  of  the  statute. 

If  the  debtor,  when  real  estate  is  seized,  fails  to  make  his  elec- 
tion to  retain  real  estate,  he  is  not  entitled  to  three  hundred,  dollars 
from  the  proceeds  of  the  sale.  The  claim  to  personal  estate,  in 
order  to  avail  the  defendant,  must  be  made  before  the  sale  ;  and  if 
he  neglect  to  01iter  his  claim,  he  thereby  waives  all  benefits  to  be 
derived  from  the  statute.  If  the  debtor  waives  his  right  to  the 
exemption  by  agreement  with  one  execution  debtor,  it  is  a  waiver 
as  to  all  other  creditors.  The  widow  or  children  of  a  deceased 
debtor  may  retain  property  belonging  to  his  estate,  to  the  value 
of  three  hundred  dollars,  and  the  executor  or  administrator  can- 
not sell  the  same,  but  must  suffer  it  to  remain  for  the  use  of  tha 
widow  and  family,  unless  the  claim  be  founded  QD  a  liea  fin  thft 
purchase  money  of  real  estate. 


296  J&XEMPTION   LAWS* 

MARYLAND. — Real  estate  acquired  by  mamage  is  not  liable  to 
execution,  during  the  life  of  the  wife,  for  the  debts  of  the  husband. 
VYages  of  any  laborer,  or  other  employee,  in  the  hands  of  the  em- 
ployer, are  exempt  to  the  amount  of  ten  dollars.  Slaves  of  the 
wife,  (acquired  either  before  or  after  marriage),  and  her  earnings, 
not  exceeding  one  thousand  dollars,  may  be  held  for  her  own  use, 
and  exempted  from  liability  for  the  debts  of  the  husband ;  corn 
for  necessary  maintenance ;  bedding,  gun,  axe,  pot,  and  laborer's 
necessary  tools,  and  such  household  implements,  ammunition, 
&c.,  requisite  for  subsistence,  are  also  exempt. 

DELAWARE. — The  following  items  of  property  of  white  citizens 
are  exempt  from  attachment  or  execution  :  The  necessary  wear- 
ing apparel  of  the  debtor,  his  wife  and  children ;  bed  and  bedding 
for  every  two  persons  in  the  family  ;  one  iron  stove  ;  fu°l  for  family 
use,  to  the  amount  of  five  dollars ;  all  Bibles  and  school-books  used 
in  the  family;  one  cow,  one  swine,  and  one  ton  of  hay;  the  library, 
tools  and  implements  of  the  debtor  necessary  for  carrying  on  his 

Erofession  or  trade,  to  the  value  of  fifty  dollars ;  other  necessary 
ousehold  furniture,  to  the  value  of  twenty -five  dollars;  rights  of 
burial,  and  tombs  hi  use.  It  is  provided,  however,  that  all  the 
article*  exempted  shall  not  exceed  one  hundred  dollars  in  value, 
and  that  if,  at  the  time  of  the  execution  of  the  process,  the  debtor 
is  not  ia  possession  of  all  or  any  of  the  specified  articles,  other 
property  to  that  value  shall  be  exempt,  except  in  case  of  fines  or 
taxes.  Those  exemptions  do  not  affect  a  debt  or  contract  incurred 
prior  to  July  4th,  1851. 

VIRGINIA. — No  growing  crop  of  any  kind  shall  be  liable  to  dis- 
tress or  levy,  except  Indian  corn,  which  may  be  taken  at  any  time 
after  the  fifteenth  of  October  in  any  year.  If  the  debtor  be  a 
householder,  the  following  articles  are  exempt:  One  bed  and 
bedding ;  six  chairs ;  one  table,  and  the  necessary  kitchen  furniture ; 
one  loom,  and  its  appurtenances ;  one  spinning-wheel,  and  one 
pair  of  cards;  one  axe;  five  barrels  of  corn ;  five  bushels  of  wheat, 
or  one  barrel  of  flour ;  two  hundred  pounds  of  bacon  or  pork;  and 
forage  or  hay  to  the  value  of  five  dollars.  Slaves  cannot  be  levied 
on  without  their  owner's  consent,  if  there  be  other  property  not 
exempt  sufficient  to  satisfy  the  execution. 

NORTH  CAROLINA. — All  wearing  apparel;  working  tools;  arms 
for  muster ;  one  bed  and  furniture ;  one  spuming-wTheel,  cards,  and 
one  loom :  one  Bible  and  Testament,  one  hymn-book,  one  prayer- 
book,  and  all  necessary  school  books,  the  property  of  defendant. 
The  following  articles  belonging  to  any  housekeeper  are  also 
exempt :  One  cow  and  calf,  and  one  loom ;  one  Bible  and  Testa- 
ment ;  one  hymn-book :  one  Testament ;  ten  bushels  of  corn  or 
wheat ;  fifty  pounds  of  bacon,  beef  or  pork,  or  one  ban  el  of  fish  ; 
BJl  farming  took  necessary  for  cue  laborer ;  ono  bedstead,  bed,  aiid 


EXEMPTION   LAWS.  297 

bedding  for  every  two  members  of  the  family,  and  such  otLeu 
property,  to  the  value  of  fifty  dollars,  as  may  be  selected  by  three 
disinterested  freeholders,  appointed  by  any  Justice  of  the  Peuco  in 
the  county,  upon  application  made  by  the  defendant. 

SOUTH  CAROLINA — Personal. — The  law  exempts  to  each  family 
two  bedsteads,  beds  and  bedding ;  one  spinning-wheel,  and  two  pairs 
of  cards;  one  loom;  one  cow  and  a  calf ;  all  necessary  cooking 
utensils;  and  provisions  to  the  value  often  dollars.  If  the  debtor 
.be  a  farmer,  he  may  retain  all  necessary  farming  implements ;  if 
a  mechanic,  the  tools  of  his  trade. 

GEORGIA — Personal. — The  equipments  of  military  men,  and  the 
horses  a,nd  wearing  apparel  of  troopers;  two  beds  and  bedding; 
a  spinning-wheel,  and  two  pairs  of  cards ;  a  loom;  common  tools 
of  the  debtor's  trade ;  ordinary  cooking  'utensils  ;  thirty  dollars' 
worth  of  provisions,  and  the  Family  Bible ;  a  cow  and  a  calf;  one 
horse  or  mule,  to  the  value  of  fifty  dollars;  and  ten  swine.  The 
same  privileges  are  extended  to  widows  and  their  families,  while 
the  widows  remain  single. 

Homestead. — Every  white  citizen  of  the  State,  being  the  head  of 
the  family,  may  own  fifty  acres  of  land  exempt,  except  for  execu- 
tion for  the  purchase  money  of  the  laud.  But  the  land  thus 
exempt  must  include  the  dwelling-house,  and  improvements  of  the 
original  tract,  the  value  of  the  whole  not  to  exceed  two  hundred 
dollars. 

ALABAMA  —  Personal.  —  Two  bedsteads,  beds,  and  furniture ; 
three  cows  and  calves  ;  one  work  horse,  mule,  or  pair  of  oxen  ; 
twenty  hogs ;  twenty,  sheep ;  five  hundred  weight  of  meat ;  one 
hundred  bushels  of  corn ;  all  meal  at  any  time  on  hand ;  two  plows ; 
two  sets  of  plow  gears ;  one  table;  one  pot ;  one  oven  ;  two  water 
vessels  ;  one  dozen  cups  and  saucers ;  one  set  of  knives  and  forks ; 
one  dozen-plates;  one  cofiee-pot;  two  dishes;  two  pairs  of  cotton 
cards  :  two  spinning-wheels ;  one  churn;  three  chairs;  two  axes; 
two  hoes;  one  horse  or  ox  cart;  one  gun  ;  all  books  and  family 
portraits,  and  all  tools  or  implements  of 'trade.  The  rent  due  the 
landlord,  not  exceeding  one  year,  must  be  tendered  to  him  before 
the  goods  and  chattels  lying  on  the  household  property  can  be 
taken. 

Homestead. — Forty  acres  of  land,  not  exceeding  four  hundred 
dollars  in  value  are  exempt,  provided  they  are  not  within  the 
corporate  limits  of  any  town  or  city. 

FLORIDA — Personal. — All  the  necessary  wearing  apparel,  bed- 
ding, and  kitchen  furniture ;  the  horse,  saddle,  vehicle,  and  har 
ness,  to  the  value  of  one  hundred  dollars,  of  every  clergyman ;  the 
horse,  saddle,  bridle,  medicine,  professional  books,  and  instru- 
ments of  every  surgeon,  midwife,  or  physician ;  tools  necessary  in 
the  debtor^  trade  or  profession  ;  the  horse  and  gun,  to  the  vatlue 
of  one  hundred  dollars,  belonging  to  any  farmer  actually  cultiva- 
ting five  or  more  acres  of  land  within  the  State :  the  boat  and  gun 


298  EXEMPTION   LAWS. 

of  every  fisherman,  pilot,  or  resident  upon  any  island,  or  coast  of 
the  State  ;  and  the  boat  and  flat  of  any  ferryman,  to  the  value  of 
two  hundred  dollars.  Every  actual  housekeeper  with  a  family, 
may  claim  as  exempt  such  portion  of  his  property  as  may  bo  ne- 
cessary for  the  support  of  himself  and  family,  to  the  value  of  one 
hundred  dollars,  waiving  all  right  to  all  other  exceptions  •  provid- 
ed, however,  that  the  defendant  is  not  a  non-resident,  nor  about 
removing  from  the  State,  nor  removing  his  property,  nor  fraudu- 
lently disposing  of  the  same  to  avoid  the  payment  of  his  debts. 
And  the  defendant  must  make  and  sign  a  fair  and  full  statement 
of  all  his  property,  verified  by  affidavit,  which  must  accompany 
the  return  of  the  process. 

Homestead. — A  farmer  owning  forty  acres  of  land,  of  which  he 
cultivates  ten,  can  hold  the  same  exempt,  except  for  violation  ot 
the  criminal  law,  or  for  fines  or  taxes,  provided  the  property  does 
not  exceed  two  hundred  dollars  in  value.  Every  owner  of  a  dwell- 
ing-house in  a  city,  town,  or  village,  provided  he  actually  reside  in 
the  house,  and  that  it  does  not  exceed  three  hundred  dollars  in 
value,  may  hold  it  free  from  execution,  attachment,  or  distress,  ex- 
cept for  violation  of  the  criminal  law,  or  for  fines  or  taxes. 

MISSISSIPPI — The  tools  of  a  mechanic  necessary  for  carrying  on  his  trade, 
and  live  hundred  dollars  worth  of  material  used  in  his  business.  Imple- 
ments of  a  laborer  necessary  in  his  usual  employment,  'Books  of  a  student 
required  for  the  completion  of  his  education.  The  wearing  apparel  of  every 
person  ;  saddle  and  bridles  sutticient  for  the  necessary  use  of  the  family. 
Libraries  of  all  persons,  instruments  of  surgeons  and  dentists  used  in  their 
profession.  The  arms  and  accoutrements  of  each  and  every  white  person. 
Globes,  pictures  and  scientific  apparatus,  books  and  maps,  used  by  teachers 
of  schools  and  colleges;  and  in  families,  by  the  heads  thereof.  Also,  to 
the  head  of  every  family,  being  a  white  person  and  a  housekeeper,  two 
hundred  and  forty  acres  of  Jand,  regardless  of  its  value,  so  laid  off  as  to 
include  thereon  the  dwelling  house  and  other  buildings,  and  the  farm,  so 
far  as  the  same  can  be  done  without  embracing  a  larger  quantity  of  land 
than  two  hundred  and  forty  acres  in  the  whole.  Also,  all  household  and 
kitchea  furniture;  all  necessary  farming  tools,  and  implements  of  hus- 
bandry used  in  earning  on  a  farm ;  farm  horses  or  mules  necessary  to 
carry  on  and  cultivate  the  farm,  not  to  exceed  four:  one  yea  's  supply  of 
provisions  necessary  for  the  family,  and  the  hands  employed  on  the  farm, 
and  forage  for  the  teams  and  stoc'i  of  every  kind  ;  fifty  head  of  hogs  ; 
twenty  head  of  cattle,  in  which  may  be  included  work  oxen  ;  twenty  h-ad 
of  sheep;  one  wagon  and  one  cart  or  carry-log.  *  *  *  Each  and  every 
head  of  a  iamily,  being  a  white  person  and  a  houstkeeper,  resident  in  any 
incorporated  city,  town  or  village  in  this  State,  shall  be  entitled  to  hold 
four  thousand  dollars  worth  of  real  and  personal  property,  com  prisms;  the 
homestead  and  other  buildings  therewith  connected,  and  such  household 
and  kitchen  furniture,  and  other  stock  as  such  debtor  may  select  in  lieu  of 
the  farm  lands  and  farming  stock,  and  implements  of  husbandry,  as  pro- 
vided for  in  the  first  section  of  this  act;  and  also  one  year's  provisions  for 
the  family,  and  forage  for  the  stock  so  selected.  All  property,  real  and 
personal,  so  exempt,  upon  the  death  of  the  husband,  shill  descend  to  the 
widow  as  the  head  of  the  family  during  widowhood,  for  the  use  and  benefit 
of  herself  and  children ;  and  in  the  event  of  her  marriage,  on  death  to 
descend  in  like  manner  as  other  property  descends  by  toe  laws  of  thia 


EXEMPTION    LAWS.  298 

Homestead. — Every  free  white  citizen  of  this  State,  male  or 
"female,  being  a  householder  and  having  a  family,  shall  be  entitled 
to  hold  exempt  from  seizure  or  sale,  under  any  execution,  judgment 
or  decree,  founded  on  any  contract  made,-  or  liability  incurred 
after  this  act  (passed  in  the  year  one  thousand  eight  hundred  and 
fifty-seven)  shall  take  effect,  the  land  and  buildings  owned  and 
occupied  ay  a  residence  by  such  debtor,  provided  the  quantity  oi 
land  shall  not  exceed  one  hundred  and  sixty  acres,  nor  the  value 
thereof  the  sum  of  fifteen  hundred  dollars,  inclusive  of  improve- 
ments, and  such  exemption  shall  continue  after  the  death  of  such 
householder,  for  the  benefit  of  the  widow,  and  family  of  the  de- 
ceased, some  or  one  of  them  continuing  to  occupy  such  homestead, 
until  the  youngest  child  shall  become  twenty-one  years  of  age, 
and  until  the  death  of  the  widow.  No  property  shall  be  exempt 
from  execution  when  the  purchase  money  thereof  forms,  in  whole 
or  in  part,  the  debt  on  which  the  judgment  is  founded,  nor  shall 
any  property  be  exempt  from  sale  for  non-payment  of  taxes  or 
assessments,  or  for  any  labor  done  thereon,  or  materials  furnished 
therefor. 

LOUISIANA. — Personal. — The  clothes,  bed,  and  bedding  of  the 
debtor  and  his  family ;  his  arms  and  accoutrements ;  household 
furniture  to  the  amount  of  two  hundred  and  fifty  dollars;  the  fam- 
ily library,  portraits,  and  pictures ;  and  the  working  tools,  instru- 
ments, and  apparatus  necessary  to  the  exercise  of  the  debtor's  trade 
or  profession,  are  exempt,  except  from  execution  on  a  demand  for 
the  purchase  money.  Wages  and  compensation  due  for  services 
earned  within  thirty-one  days  preceding  the  issuing  of  any  seizure, 
attachment,  or  garnishment  against  a  debtor,  to  any  amount  suf. 
ficient  for  the  necessary  support  of  any  person  having  a  family  for 
which  he  provides,  are  also  exempt,  except  on  an  execution  for 
alimony  furnished  to  the  debtor  or  his  family,  or  for  rent  of  the 
premises  occupied  by  them  at  the  time. 

Homestead. — The  lot  and  building  thereon,  to  the  value  of  one 
thousand  dollars,  and  occupied  as  a  residence,  and  owned  by  a 
debtor  having  a  family,  is  exempt,  except  from  sale  for  taxes  or  for 
the  purchase  money,  or  for  debt  contracted  prior  to  the  recording 
of  the  exemption.  But  no  debtor  is  entitled  to  this  exemption 
whose  wife  owns  in  her  own  right,  and  is  in  the  actual  enjoyment 
of,  property  exceeding  one  thousand  dollars  in  value. 

KENTICKY. — Personal. — One  yoke  of  oxen:  one  work  horse ; 
one  plough  with  its  gear ;  one  axe,  one  hoe  ;  two  cows  and  calves  \ 
two  bedsteads,  beds,  and  bedding  ;  all  wearing  apparel ;  one  loom, 
spinning  wheels  and  cards  ;  all  the  spun  yarn,  cloth,  arid  carpeting 
manufactured  by  the  family,  and  necessary  for  its  use ;  one  pot, 
oven,  coffee-uot,  tea-pot,  six  each  of  table  knives,  forks,  cups, 
saucers,  plates,  and  chairs,  the  chairs  not  to  exceed  eight  dollars 
in  value ;  cooking-stove,  a*nd  other  cooking  utensils,  to  tlie  value 


300  EXEMPTION    LA.WS. 

in  all  of  twenty-five  dollars  ;  ten  sheep  ;  provisions  sufficient  for 
the  support  of  the  family  for  one  year ;  one  sad  lie  and  hi  idle,  with 
their  appendages,  and  the  Family  Bible. 

A  debtor  may  surrender  any  of  the  articles  specifically  exempted, 
and  retain  others  of  equal  value  ;  the  value  to  be  determined  by 
two  disinterested  householders  selected  by  the  officer. 

ILLINOIS. — Person&l. — All  necessary  we.vriug  apparel  ;  neces- 
sary beds  and  bedding :  cooking  utensils ;  household  furniture  to 
the  value  of  fifteen  dollars ;  one  pair  of  cards ;  two  spinning- 
wheels;  one  weaving-loom  and  appendages;  one  stove  and  its 
pipe:  one  milch  cow  and  calf;  two  sheep,  and  the  fleeces  taken 
from  them,  or  the  fleeces  of  two  sheep  tor  each  member  of  the 
family,  provided  they  have  not  been  purchased  by  any  debtor  own- 
ing sheep,  together  with  the  yarn  and  cloth  that  may  be  manufac- 
tured from  the  fleeces ;  and  sixty  dollars'  worth  of  property  suited 
to  the  condition  of,  and  to  be  selected  by,  the  debtor;  three 
months'  provision  and  fuel,  and  necessary  food  for  stock  exempted 
from  execution ;  and  any  lot  used  as  a  burying-ground. 

Upon  the  death  or  desertion  of  the  head  of  the  family,  the  fam- 
ily shall  be  entitled  to  the  like  exemption. 

Homestead. — The  lot  of  land  and  the  buildings  attached,  to  the 
value  of  one  thousand  dollars,  owned  and  occupied  as  a  residence 
by  a  householder  having  a  family,  are  exempt  from  forced  sale  for 
contracts  made  after  July  4th,  1851.  Upon  the  death  of  the 
debtor,  the  exemption  continues  for  the  benefit  of  his  family  until 
the  youngest  child  becomes  of  age,  and  until  the  widow  dies.  No 
release  of  the  exemption  is  valid  unless  in  writing,  subscribed 
by  the  householder,  and  acknowledged  before  a  magistrate  or 
commissioner  of  deeds.  This  exemption,  however,  does  not  pre- 
vent the  sale  of  land  for  taxes  or  debts  incurred  for  the  purchase 
or  improvement  of  the  land,  or  incurred  prior  to  the  recording  of 
notice  of  redemption. 

If  the  creditor  or  officer  holding  the  execution  think  the  property 
claimed  is  worth  more  than  one  thousand  dollars,  the  officer  may 
summon  six  qualified  jurors  of  his  county  to  appraise  the  premises 
upon  oath,  if,  in  their  opinion,  the  property  can  be  divided  with- 
out injury. 

INDIANA. — Property,  real  or  personal,  to  the  value  of  three  hun- 
dred dollars,  owned  and  occupied  by  any  resident  householder,  is 
exempt  from  execution  for  debt  incurred  since  July  4th,  1852, 
mechanics'  laborers',  and  ve.ndors'  liens  excepted.  The  articles 
for  exemption  may  be  selected  by  the  debtor  from  his  general  ef- 
fects. Their  value  must  be  ascertained  by  appraisers,  one  chosen 
by  the  plaintiif  or  his  attorney,  one  by  the  debtor,  ar  d  a  third,  ii 
necessary.,  by  these  two.  In  case  either  party  fails  to  select  an 
appraiser,  one  is  chosen  by  the  officer.  The  appraisers  shall  m*ike 


EXEMPTION   LAWS.  301 

a  schedule  of  the  property  selected  by  the  debtor,  which,  verified 
by  the  affidavit,  must  form  part  of  the  return.  If  the  debtor  select 
real  and  personal  property  exceeding  three  hundred  dollars  in 
value,  he  may  pay  the  excess  within  sixty  days.  If  he  fails  to  do 
so,  the  real  property  is  sold,  and  so  much  of  the  proceeds  paid  to 
the  debtor  as,  with  the  value  of  the  personal  property  selected  by 
him,  amounts  to  three  hundred  dollars.  Whenever  real  property, 
selected  for  exemption  is  susceptible  of  division  without  material 
injury,  it  must  be  so  divided  as  to  exempt  the  principal  dwelling, 
house  of  the  debtor. 

OHIO. — Every  householder  can  exempt  from  execution  the 
wearing  apparel  of  the  family ;  the  necessary  bedsteads,  beds,  and 
bedding;  one  stove  and  pipe;  fuel  sufficient  for  sixty  days' con- 
sumption;  one  cow  ;  or  household  furniture,  if  the  debtor  own  no 
cow,  to  the  value  of  fifteen  dollars  ;  two  swine,  or  the  pork  there- 
from; or  if  the  debtor  own  no  swine,  furniture  to  the  value  of  six 
dollars  ;  six  sheep,  the  wool  therefrom,  and  the  cloth  and  articles 
manufactured  from  the  wool ;  or,  in  lieu  of  sheep,  furniture  to  the 
value  of  ten  dollars  ;  and  sufficient  food  for  the  exempt  stock  for 
sixty  days  ;  also,  the  bibles,  hymn-books,  psalm-books,  testaments, 
and  school-books  used  in  the  family,  and  all  family  pictures ;  also, 
provisions  to  the  value  of  forty  dollars,  to  be  selected  by  the  debt- 
or; and  articles  ef  household  or  kitchen  furniture,  necessary  for 
himself  and  family,  to  the  value  of  thirty  dollars ;  also,  the  tools 
and  implements  selected  by  the  debtor,  to  the  value  of  fifty  dollars, 
and  necessary  in  carrying  on  his  trade  or  business.  All  questions 
arising  as  to  the  number  of  beds  necessary  for  the  family,  the 
amount  of  fuel  necessary  for  sixty  days,  the  quantity  of  food  for 
the  support  of  the  animals  exempt,  &c.,  must  be  determined  by 
two  disinterested  freeholders,  selected  by  the  officer  holding  the 
execution.  These  also  appraise  the  property  claimed  by  the  debtor 
as  exempt. 

Homestead. — The  family  homestead  is  exempt  from  execution, 
provide'd  it  does  not  exceed  five  hundred  dollars  in  value. 

On  petition  of  executors  or  administrators  to  sell  the  lands  of  a 
deceased  debtor  to  pay  his  debts,  if  the  deceased  has  left  a  widow 
or  minor  child  or  children  unmarried,  the  appraisers  shall  set  apart 
a  homestead,  and  the  homestead  shall  remain  exempt  so  long  as  any 
unmarried  minor  child  resides  thereon,  although  the  widow  may 
have  previously  died,  and  although  the  parent  from  whom  the 
homestead  descended  may  have  left  neither  wife  nor  husband  sur- 
viving. Evory  widow  or  widower  having  an  unmarried  child  or 
children  residing  with  him  or  her,  and  married  persons  living  to- 
gether as  man  and  wife,  though  without  children,  are  entitled  to 
the  privileges  of  homestead  exemption,  as  also  are  persons  owning 
dwellings  occupied  by  themselves  as  homesteads,  thon^h  uvilt  up- 
on  land  owned  by  another. 


302  EXEMPTION   TJLWB. 

"When,  in  the  opinion  of  the  appraisers,  it  would  injure  the  prop- 
erty of  the  debtor  to  separate  the  homestead,  the  plaintiff  in  execu- 
tion receives  in  lieu  of  the  proceeds  of  the  sale  such  a  sum  annu- 
ally, above  forty  dollars,  as  the  appraisers  shall  decide  upon  as  a 
reasonable  rent ;  and  he  continues  to  receive  this  rent  in  quarterly 
payments  until  the  debt,  interest,  and  costs,  arc  paid.  The  pay- 
ments are  to  be  made  quarterly, 'and  if  within  ten  days  after  the 
payment  becomes  due  the  defendant  does  not  pay  the  same,  the 
officer  proceeds  to  sell  the  homestead,  observing  the  same  process 
provided  in  other  cases  for  the  sale  of  real  property.  But  the 
homestead  cannot  be  sold  for  less  than  its  appraised  value.  The 
plaintiff,  when  in  receipt  of  rent,  may  cause  a  re-appraisement  as 
often  as  once  in  two  years,  and  the  rent  shall  be  paid  according  to 
the  new  appraisement :  if  between  any  two  appraisements  the  value 
of  the  homestead  has  not  increased  one  hundred  dollars,  the  costs 
of  the  appraisements  must  be  paid  by  the  plaintiff. 

MISSOURI. — All  wearing  apparel ;  tho  tools  and  implements  of  a 
mechanic  ;  ten  hogs,  ten  sheep,  two  cows  ar,d  calves,  and  working 
animals  to  the  value  of  sixty -five  dollars  •  one  plough  and  set  of 
plough  gears ;  one  axe  and  one  hoe,  or  any  other  property,  real  or 
personal,  not  exceeding  in  value  one  hundred  and  fifty  dollars, 
chosen  by  the  debtor,  if  he  is  a  householder  •  the  spinning-wheels 
and  cards,  one  loom,  and  apparatus  necessary  for  manufacturing 
cloth  in  a  private  family ;  all  the  spun  yarn,  thread  and  cloth  man- 
ufactured for  family  use;  flax,  hemp,  and  wool,  twenty -five  pounds 
each ;  the  wearing  apparel  of  the  family ;  two  beds,  with  the  usual 
bedding,  and  other  necessary  household  and  kitchen  furniture,  not 
exceeding  twenty-five  dollars  in  value:  lawyers,  physicians,  and 
ministers  may  select  books  necessary  to  their  profession  in  place  of 
other  property,  at  their  option ;  physicians  may  also  select  their 
medicines.  The  property  of  the  wife  is  exempt  from  execution 
against  the  husband  if  the  debt  was  a  security  debt,  or  was  con- 
tracted before  marriage,  or  before  the  wife  came  into  possession,  or 
if  it  was  a  fine,  or  for  cgsts  in  any  criminal  case  against  the  hus- 
band. The  husband's  property  is  exempt  from  all  liabilities  con- 
tracted by  the  wife  before  marriage. 

Homestead. — The  homestead  of  every  housekeeper  or  head  of  a 
family,  consisting  of  a  dwelling-house  and  appurtenances,  and  the 
land  used  in  connection  therewith,  not  exceeding  the  amount  and 
value  herein  limited,  which  is  or  shall  be  used  by  such  house- 
keeper or  head  of  a  family  as  such  homestead,  shall,  together 
with  the  rents,  issues  and  products  thereof,  be  exempt  from 
attachment  and  execution,  except  upon  all  cases  of  action  exist- 
ing at  the  time  of  occupying  said  homestead ;  such  homestead  in 
the  country  shall  not  include  more  than  one  hundred  and  sixty 
acres  of  land,  or  exceed  the  total  value  of  fifteen  hundred  dollars* 


EXEMPTION  LAWS.  303 

and  in  cities  having  a  population  of  forty  thousand  or  more,  such 
homestead  shall  not  include  more  than  eighteen  square  rods  of 
ground,  or  exceed  the  total  value  of  three  thousand  dollars ,  and 
in  cities  or  other  incorporated  towns  and  villages  having  a  less 
population  than  forty  thousand,  such  homestead  shall  not  include 
more  than  thirty  square  rods  of  ground,  or  exceed  the  total  value 
of  fifteen  hundred  dollars. 

MICHIGAN. — Personal. — All  spinning-wheels  and  weaving-looms, 
with  the  apparatus  ;  stoves  kept  for  use  ;  the  pew  occupied  hy  the 
debtor  and  his  family  ;  all  rights  of  burial;  the  arms  and  accou- 
trements required  by  law  ;  the  wearing  apparel  of  the  family ;  the 
library  and  school  books,  to  the  value  of  one  hundred  and  fifty 
dollars;  all  family  pictures ;  ten  sheep,  with  their  fleeces,  and  the 
yarn  or  cloth  manufactured  therefrom ;  two  cows,  five  swine,  and 
provisions  and  fuel  for  the  subsistence  of  the  debtor  and  his  family 
for  six  months;  household  goods,  furniture,  and  utensils,  to  tho 
value  of  two  hundred  and  fifty  dollars;  hay,  grain,  &c:,  enough  to 
keep  properly  for  six  months  the  forernentioned  stock ;  and  ths 
tools,  implements,  materials,  stock,  apparatus,  team,  harness,  or 
other  things  to  enable  any  person  to  carry  on  his  profession  or 
trade.  The  property,  however,  with  the  exception  of  mechanical 
tools  and  implements  of  husbandry,  is  not  exempt  from  execution 
on  demand  for  the  purchase  money.  By  the  constitution,  such 
personal  property  as  is  designated  by  law  shall  be  exempted,  to 
the  amount  of  not  less  than  five  hundred  dollars,  from  execution 
for  any  debts  contracted  after  January  1,  1861.  Any  chattel 
mortgage,  bill  of  sale,  or  lien,  on  exempt  property ;  is  void,  unless 
signed  by  the  wife, 

Homestead. — Any  quantity  of  land  not  exceeding  forty  acres,  if 
not  included  in  any  recorded  town-plot,  city  or  village,  or  one  lot, 
if  within  any  such,  with  the  house  and  its  appurtenances  thereon, 
owned  and  occupied  by  a  resident  of  the  State,  and  the  whole  not 
exceeding  fifteen  hundred  dollars  in  value,  is  exempt.  This  ex- 
emption, however,  does  not  extend  to  any  mortgage  on  tho  home- 
stead lawfully  obtained ;  but  no  mortgage  or  other  alienation  of  the 
homestead  by  the  owner,  if  a  married  man,  is  valid,  without  tho 
signature  of  his  wife,  except  the  mortgage  is  given  to  secure  the 
payment  of  purchase  money.  Such  a  homestead  is  exempt  after 
the  death  of  the  owner  during  the  minority  of  his  children  ;  and  if 
he  has  no  children,  but  leaves  a  widow,  it  shall  be  exempt,  and  the 
rents  and  profits  thereon  shall  accrue  to  her  during  her  widowhood, 
unless  she  is  the  owner  of  a  homestead  in  her  own  right.  But  tho 
children  or  widow  must  occupy  the  homestead,  to  have  the  benefit 

Where  a  levy  is  made  upon  the  lands  and  tenements  of  a  house- 
holder whose  homestead  has  not  been  selected  or  set  apart,  the 
householder  may  notify  the  officer  of  what  ho  regards  as  his 
komestoad.  with  a  description  thereofj  and  only  the  remainder  snail 


804  EXEMPTION   LAWS. 

be  subject  to  sale.  If  the  plaintiff  is  dissatisfied  with  the  quantity 
set  apart,  the  officer  making  the  levy  shall  have  the  homestead  sur- 
veyed, beginning  at  a  point  designated  by  the  owner,  and  shall  set- 
ofi,  in  a  compact  form,  including  the  dwelling-house  and  its  appur- 
tenances, the  amount  of  land  constituting  by  law  a  homestead,  as 
specified  above ;  the  expense  of  the  survey  shall  be  charged  and 
collected  on  the  execution.  After  the  survey  has  been  made  tho 
officer  may  sell  the  property  levied  on,  and  not  included  in  the 
homestead,  as  he  would  any  other  real  estate.  Any  person  owning 
and  occupying  a  houee  situated  on  land  not  his  own,  and  claiming 
it  as  his  homestead,  shall  be  entitled  to  exemption. 

ARKANSAS. — Personal. — One  horse,  mule,  or  yoke  of  oxen  ;  ono 
cow  and  calf:  one  plough,  one  axe,  one  hoe,  and  one  set  of  plough 
gears ;  spinning  wheels  and  cards ;  one  loom  and  apparatus  neces- 
sary for  manufacturing  cloth  in  a  private  family,  spun  yarn,  thread, 
ana  cloth  manufactured  for  family  use ;  hemp,  flax,  ccttoh  and  wool, 
not  exceeding  twenty-five  pounds ;  all  wearing  apparel  of  the 
family ;  two  beds,  with  bedding ;  also,  any  other  household  and 
kitchen  furniture  necessary  for  the  family,  agreeably  to  an  inven- 
tory of  it,  to  be  returned  on  oath  by  the  officer  with  the  execution. 
There  is  also  exempt  the  necessary  tools  and  implements  of  a  me- 
chanic carrying  on  his  trade ;  all  military  equipments  required  by 
law  ;  and  such  provisions  as  are  on  hand  for  family  use. 

TENNESSEE. — Personal. — One  cow  and  calf;  one  bedstead, and 
bed  containing  not  more  than  twenty-five  pounds  of  feathers;  two 
sheets,  two  blankets,  and  one  counterpane.  When  the  family  of 
the  debtor  consists  of  more  than  six  children,  an  additional  feather 
bed,  and  an  additional  cow  and  calf  are  exempt  for  every  three 
children.  The  following  are  also  exempt  from  execution :  Six 
knives  and  forks;  six  plates;  one  dish;  one  pot;  one  dutch  oven  ; 
one  spinning-wheel ;  one  pair  of  cotton  cards ;  oue  ch jpping-axe  j 
five  sheep ;  ten  swine ;  all  fowls  and  poultry ;  Family  Bible 
and  hymn-book;  ono  loom;  five  hundred  bundles  of  oa'ta:  five 
hundred  bundles  of  fodder ;  ten  bushels  of  wheat ;  one  stack  of 
hay ;  one  man's  saddle  and  One  side  saddle  ;  one  bridle  ox-cart, 
yoke,  ring,  staple,  and  log-chain ;  one  farm-horse,  mule,  or  yoke  of 
oxen  ;  six  hundred  pounds  of  pork  or  bacon ;  one  hundred  bushels 
of  corn;  one  plough  and  ploughing  gear ;  one  iron  wedge;  one 
sot  of  mechanics'  tools,  necessary  for  one  workman  at  any  trade ; 
and  the  arms  and  equipments  of  the  militia.  In  case  of  the  death 
of  the  householder,  the  property  is  exempt  in  the  hands  of  his  wi- 
dow ;  or,  if  she  did  not  survive  him,  in  those  of  his  representatives, 
for  the  benefit  of  his  children. 

Homestead. — Before  any  person  can  be  entitled  to  the  benefit  of 
the  homestead  exemption  act,  he  must  declare  his  intention  of 
claiming  the  homestead,  by  having  a  declaration  and  noting  of  such 


EXEMPTION    LAWS.  305 

Intention  registered  in  the  Registers  office  in  the  county  wherein 
the  homestead  is  situated;  and  the  exemption  of  the  homestead 
dates  from  and  after  this  registration.  The  homestead  of  every 
housekeeper  residing  within  the  State,  to  the  value  of  five  hundred 
dollars,  and  consisting  of  a  dwelling-house  arid  outbuildiugs,  and 
the  land  appurtenant  thereto,  shall  be  exempt  from  attachment  uad 
execution,  where  the  cause  of  action  accrued  after  the  first  of  Jan- 
uary, 1853. 

The  homestead  must  be  set  out  of  the  real  estate  levied  on,  by 
three  disinterested  freeholders,  and  only  the  remainder  sold.  If 
the  homestead  cannot  be  set  apart,  the  whole  must  be  sold,  and 
five  hundred  dollars  of  the  proceeds  paid  to  the  Clerk  of  the  Court 
from  which  the  judgment  issued,  to  be  used  by  him  only  for  the 
purchase  of  another  homestead.  The  surplus  proceeds  of  the  sale 
are  applied  on  the  execution.  The  widow  of  a  housekeeper,  or  in 
the  event  of  a  divorce  resulting  from  the  husband's  misconduct,  tLo 
wife,  is  entitled  to  all  the  benefits  of  the  exemption;  so,  also,  are 
children  during  their  minority.  To  become  entitled  to  the  benefits 
of  the  exemption,  the  person  claiming  them  must  permanently  re- 
side in  the  homestead.  The  homestead,  when  owned  by  a-married 
man,  can  only  be  aliened  on  mortgage  by  joint  deed  of  husband 
and  wife,  except  for  payment  of  the  purchase  money. 

The  person  to  whom  a  homestead  is  set  apart,  must,  within  one 
year,  have  the  same  registered  in  the  Register's  office  of  the  county 
wherein  the  land  may  be,  in  order  to  obtain  a  valid  title  thereto. 

TEXAS. — Personal. — There  is  exempt  from  sale  on  execution, 
household  and  kitchen  furniture,  to  the  value  of  two  hundred  dol- 
lars ;  farming  implements,  to  the  value  of  fifty  dollars ;  the  tools, 
apparatus,  and  books,  appertaining  to  the  trade  or  profession  of  any 
citizen ;  five  milch  cows  ;  one  yoke  of  oxen,  or  one  horse  ;  twenty 
swine  ;  and  provisions  for  one  year. 

Homestead. — The  homestead  of  a  family,  when  without  the  limits 
of  a  city,  town,  or  village,  must  not  contain  more  than  two  hun- 
dred acres  of  land;  when  within  such  limits,  it  must  not  exceed 
two  thousand  dollars  in  value.  The  homestead  cannot  be  levied 
upon  by  execution,  nor  sold,  when  owned  by  a  married  man,  with- 
out the  consent  of  the  wife. ' 

IOWA. — All  wearing  a.pparel  kept  for  actual  use,  and  suitable  to 
the  condition  of  the  defendant,  with  the  trunks  or  other  receptacles 
in  which  it  is  contained,  even  though  the  debtor  is  a  non-resident ; 
cne  musket  or  rifle ;  the  tools,  instruments,  and  books,  used  in  tha 
practice  of  a  debtor's  business  or  profession  ;  the  horse,  harness, 
and  wagon,  used  by  a  physician,  clergyman,  or  public  officer,  or  by 
the  use  of  which  a  farmer  or  laborer  gains  a  subsistence  ;  all  libra- 
ries, Family  Bibles,  portraits,  and  paintings;  a  pew  occupied  by 
the  debtor  or  his  family  in  any  houso  of  public  worbhip ;  and  an 


306  EXEMPTION   LAWS. 


in  a  pubLc  or  private  burying-ground,  not  to  exceed  ontf 
acre  for  any  one  defendant. 

If  the  debtor  be  the  head  of  a  family,  there  is  a  further  exemp- 
tion of  one  cow  and  calf,  one  horse,  unless  exempted  as  above,  fifty 
eheep  and  the  wool  therefrom  ;  five  hogs,  and  all  pigs  less  than  six 
months  old  ;  the  food  necessary  for  the  subsistence  of  the  animals 
exempt  for  sixty  days  :  flax  raised  by  the  defendant,  and  the  manu- 
factures therefrom  ;  all  cloth  manufactured  by  the  defendant  not 
exceeding  one  hundred  yards  ;  household  and  kitchen  furniture  to 
the  value  of  one  hundred  dollars  ;  all  spinning-wheels  and  looms, 
and  other  instruments  of  domestic  labor  kept  for  actual  use  ;'  a 
bedstead  and  bedding  for  every  two  in  the  family,  and  the  neces- 
sary provisions  and  fuel  for  the  use  of  the  family  for  six  months. 

The  earnings  of  the  debtor  by  his  own  personal  service^  or  thoso 
of  his  family,  at  any  time  within  ninety  days  next'  preceding  the 
levy,  are  also  exempt. 

Homesiead.  —  The  homestead  of  every  family  is  exempt,  except 
for  a  mechanic's  lien,  or  for  debt  contracted  prior  to  the  purchase 
of  the  homestead,  or  to  July  4th,  1849,  or  for  debt  created  by 
written  contract,  signed  by  parties  having  full  power  to  convey  the 
homestead,  in  which  it  is  expressly  stipulated  that  the  homestead 
shall  be  liable  for  such  debt.  In  no  case,  excepting  a  mechanic's 
lien  can  a  homestead  be  sold  until  all  other  property  of  the  de- 
fendant is  exhausted.  A  widow  or  widower,  though  without  chil- 
dren, shall  be  deemed  the  head  of  the  family  while  continuing  to 
dwell  in  the  house  used  as  a  homestead  previous  to  the  death  of 
the  husband  or  wife  If  the  owner  is  married,  a  conveyance  of 
the  homestead  is  invalid  unless  husband  and  wife  join  in  the  deed. 
If  within  a  town,  the  homestead  must  not  exceed  half  an  acre  in 
extent  ;  if  not,  it  is  limited  to  forty  acres  :  but  in  either  case,  if  its 
value  is  less  than  five  hundred  dollars,  it  may  be  enlarged  till  its 
value  reaches  that  limit. 

The  homestead  must  embrace  only  one  dwelling-house  used  as 
such  by  the  owner,  ani  the  buildings  properly  appurtenant.  It 
may  also  embrace  the  owner's  workshop.  When  the  debtor  doea 
not  choose  his  homestead,  his  wife  may  do  so  for  him,  and  if  neither, 
then  the  Sheriff, 

"WISCONSIN.  —  Personal  —  The  Family  Bible,  family  pictures, 
school-books,  or  library  ;  a  scat  or  pew  in  any  house  of  public 
worship  ;  and  the  family  place  of  sepulture  ;  all  wearing  apparel 
of  the  debtor  and  his  family;  all  bedsteads,  beds,  and  bedding 
used  by  the  family  ;  all  cooking  utensils,  and  other  household  fur- 
niture, to  the  value  of  two  hundred  dollars  ;  two  cows  ;  ten  swine; 
one  yoke  of  oxen,  and  a  horse,  or,  in  lieu  of  them,  a  span  of 
horses  ;  ten  sheep,  and  the  wool  therefrom,  either  as  raw  material, 
J»r  manufactured  into  yarn  or  cloth;  necessary  food  for  the  support 


EXEMPTION   LAWS.  307 

of  the  t«tock  mentioned,  for  one  year,  whether  provided  or  grovr- 
ding,  as  the  debtor  may  choose  ;  one  wagon,  cart;  or  dray  ;  one 
sleigh ;  one  plough ;  one  drag  :  and  other  farm.'ng  utensils,  inclu- 
ding tackle  for  teams  to  the  value  of  fifty  dollars.  Provisions  and 
fuel  necessary  for  one  year's  consumption;  the  tools  and  imple- 
ments, or  stock  in  trade,  of  any  mechanic,  miuer,  and  other  per- 
son, used  and  kept  for  the  purpose  of  carrying  on  his  trade  or 
business,  to  the  value  of  two  hundred  dollars ;  the  library  and  im 
plements  of  any  professional  man,  to  the  value  of  two  hundred 
dollars;  all  of  which  articles  are  to  be  chosen  by  the  debtor 
or  his  representative.  Money  arising  from  insurance  on  property 
exempt,  which  has  been  destroyed  by  fire,  cannot  be  seized  on 
execution. 

Homestead. — A  homestead,  consisting  of  not  over  forty  acres  of 
land,  used  for  agricultural  purposes,  with  a  dwelling  house  thereon, 
and  its  appurtenances,  to  be  selected  by  the  ownei,  and  .iOt  in 
eluded  in  any  town-plot,  city,  or  village ;  or  instead,  land  not  ex- 
ceeding one-fourth  of  an  acre,  within  a  town -plot,  city,  or  village, 
with  a  dwelling-house  thereon,  and  its  appurtenances,  owned  and 
occupied  by  any  resident  of  the  State,  is  not  subject  to  forced  sale. 
This  exemption  does  not  aifect  any  mechanic's  or  laborer's  lien,  or 
extend  to  any  lawfully  obtained  mortgage.  But  such  mortgage  or 
other  alienation  of  such  property  by  the  owner  thereof,  if  a  mar- 
ried man,  is  not  valid  without  the  signature  of  his  wife  to  the 
same. 

When  the  owner  of  a  homestead  dies,  leaving  infant  children, 
the  homestead  is  exempt  from  the  payment  of  his  debts ;  and  no 
adminstrator  or  executor  has  a  right  to  the  possession  of  an  estate 
so  exempt,  or  to  the  rents  and  profits  of  the  same. 

CALIFORNIA. — Personal. — Sewing-machine,  worth  not  over  one 
hundred  dollars;  chairs,  tables,  desks,  and  books,  to  the  extent 
of  hundred  dollars;  necessary  household  table  and  kitchen  furni- 
ture, including  stoves,  stove-pipes  and  stove  f'irniture ;  wearing 
apparel,  beds,  bedding  and  bedsteads,  and  one  month's  provi- 
sions ;  two  oxen  or  horses  or  mules,  and  their  harness ;  one  cart 
or  wagon,  and  food  for  such  horses,  mules  or  oxen  for  one  month  ; 
seed  grain  and  vegetables  for  planting  or  sowing  within  six 
months,  not  to  exceed  two  hundred  dollars'  worth  ;  tools  of  a  me- 
chanic or  artisan  necessary  to  his  trade ;  instruments  and  chest  of 
a  surgeon,  physician,  surveyor  or  dentist  necessary  to  their  pro- 
fession and  their  scientific  or  professional  library;  lawyers'  ami 
and  ministers'  libraries;  two  oxen,  horses  or  mules,  and  harness 
and  cart  of  a  cartman,  huckster,  peddler,  team- --U -\-  or  other  laborer, 
by  which  he  habitually  earns  his  living;  one  hor^e  and  harness  or 
other  equipments  used  by  a  physician  or  minister  in  professional 
j  with  food  ibj  same.  The  cabin  or  dwelling  of  a  miner  not 


808  EXEMPTION   LAWS. 

orer  .ive  hundred  dollars  in  value,  also  a  miner's  sluices,  pipes, 
hose,  windlass,  derrick,  pumps,  tools,  instruments  and  appliances 
for  mining,  not  over  five  hundred  dollars  in  value ;  also  two  horses, 
oxen  or  mules,  and  harness,  and  one  month's  food  for  them,  when 
they  are  necessary  to  work  any  of  the  above  machinery ;  all  fire 
apparatus  of  companies  organized  under  laws  of  the  State ;  all 
arms  and  equipments  required  by  law  to  be  kept;  all  public 
buildings  and  grounds  and  offices  and  their  appurtenances,  books 
and  papers ;  the  earnings  of  a  debtor  for  his  personal  services  for 
the  last  thirty  days,  when  necessary  for  support  of  a  family  in  the 
State,  are  exempt. 

Homestead. — A  quantity  of  land,  with  dwelling-house  and  ita 
appurtenances,  not  exceeding  five  thousand  dollars  in  value,  to  be 
selected  by  the  owner,  is  exempt  from  execution  for  any  debt  con- 
tracted after  July  1,  1851,  or  at  any  time  out  of  the  State.  This 
exemption,  however,  does  not  extend  to  mechanic's  or  vendor's 
lien,  or  any  lawfully  obtained  mortgage,  or  to  liability  for  taxes ; 
seven  or  more  persons  may  form  a  homestead  association,  and  the 
shares,  deposits  or  assessments  of  any  person  therein,  to  the  par 
value  of  one  thousand  dollars,  ars  exempt. 

If  the  plaintiff  so  require,  appraisers  may  be  appointed  to  value 
the  homestead.  If  the  lot  is  two  thousand  five  hundred  square  yards, 
or  less,  and  with  improvements  is  valued  at  more  than  five  thou- 
sand dollars,  either  the  excess  or  the  whole  may  be  sold ;  in  the 
latter  case  no  bid  can  be  received  for  less  than  five  thousand  dol- 
lars, and  the  amount  exempt  must  be  paid  to  the  defendant.  If  the 
lot  exceed  two  thousand  five  hundred  square  yards, and  five  thou- 
sand dollars  in  value,  the  appraisers  must  set  off  land,  including 
the  dwelling-house,  to  the  value  of  five  thousand  dollars.  The  de- 
fendant may  also  designate  such  personal  property  as  is  exempt  by 
law.  Upon  the  death  of  the  head  of  the  family,  the  same  benefits 
accrue  to  his  wife  and  children. 

MINNESOTA. — Personal. — The  family  Bible,  family  pictures, 
school-books  or  library,  and  musical  instruments  for  use  of  family ; 
a  seat  or  pew  in  any  house  or  place  of  public  worship ;  a  lot  in 
any  burial-ground ;  all  wearing  apparel  of  the  debtor  and  his 
family ;  till  beds,  bedsteads  and  bedding,  kept  and  used  by  the 
debtor  and  his  family;  all  stoves  and  appendages;  all  cooking 
utensils,  and  all  other  household  furniture  not  herein  enumerated, 
not  exceeding  five  hundred  dollars ;  three  cows,  ten  swine,  one 
yoke  of  oxen,  and  one  horse  in  lieu  of  one  yoke  of  oxen  and  a 
horse,  a  span  of  horses  or  mules,  twenty  sheep  and  the  wool  from 
the  same,  either  in  the  raw  material  or  manufactured  into  yarn  or 
cloth;  the  necessary  food  for  all  the  stock  mentioned  in  this  sec- 
tion, for  one  year's  support,  either  provided  or  growing,  or  both, 
as  the  debtor  may  cfcoose;  also  one  wagon,  cait  or  dray,  one 


EXEMPTION  LAWS.  809 

sleigh,  two  ploughs  one  drag,  and  other  farming  utensils,  includ- 
ing tackle  for  teams,  not  exceeding  three  hundred  dollars  in  value ; 
the  provisions  for  the  debtor  and  his  family  necessary  for  one 
year's  support,  either  provided  or  growing,  or  both,  and  fuel  ne- 
cessary for  one  year ;  the  tools  and  instruments  of  any  mechanic, 
minor  or  other  person,  used  and  kept  for  the  purpose  of  carrying 
on  his  tradg  or  business,  and  in  addition  thereto,  stock  in  trade 
not  exceeding  four  hundred  dollars  in  value ;  the  library  of  any 
professional  man ;  all  of  which  articles  hereinbefore  intended  to 
be  exempt,- shall  be  chosen  by  the  debtor,  his  agent,  clerk  or  legal 
representative,  as  the  case  may  be. 

Nothing  in  this  act  shall  be  so  construed,  as  to  exempt  any 
property  in  this  State  from  execution  or  attachment  for  clerks, 
laborers  or  mechanics'  wages. 

Homestead. — Any  quantity  of  land  not  exceeding  eighty  acres, 
and  the  dwelling-house  thereon,  and  its  appurtenances,  to  be 
selected  by  the  owner  thereof,  and  not  included  in  any  incorporated 
town,  city,  or  village,  or  instead  thereof,  at  the  option  of  the  owner, 
a  quantity  of  land  not  exceeding  in  amount  one  lot,  being  within 
an  incorporated  town,  city  or  village,  and  the  dwelling-house 
thereon  and  its  appurtenances,  owned  and  occupied  by  any  resident 
of  this  State,  shall  not  be  subject  to  attachment,  levy  or  sale  upon 
execution  or  any  other  process,  issuing  out  of  any  court  within  this 
State.  This  section  shall  be  deemed  and  construed  to  exempt  such 
homestead  in  the  manner  aforesaid,  during  the  time  it  shall  be 
occupied  by  the  widow,  or  minor  child  or  children,  of  any  deceased 
person,  who  was,  when  living,  entitled  to  the  benefits  of  this  act. 
This  exemption,  however,  does  not  extend  to  any  mortgage  thereon, 
lawfully  obtained,  but  such  mortgage  or  other  alienation  of  such 
land  by  the  owner  thereof,  if  a  married  man,  shall  not  be  valid 
without  the  signature  of  the  wile  to  the  same,  unless  such  mort- 
gage shall  be  given  to  secure  the  payment  of  the  purchase-money, 
or  some  portion  thereof. 

OIIEGON. — Personal. — Books,  pictures  and  musical  instruments, 
owned  by  any  person  to  the  value  of  seventy-live  dollars ;  neces- 
sary wearing  apparel  owned  by  any  person  to  the  value  of  one 
hundred  dollars,  and  if  such  person  be  a  householder,  for  each 
member  of  his  family  to  the  value  of  fifty  dollars;  the  tools,  im- 
plements, apparatus,  team,  vehicle,  harness  or  library,  necessary 
to  enable  any  person  to  c&rry  on  the  trade,  occupation  or  profes- 
sion by  which  such  person  habitually  earns  his  living,  to  the  value 
of  four  hundred  dollars;  also  sufficient  quantity  of  food  to  sup- 
port such  team,  if  any,  for  sixty  days.  The  word  team,  in  this 
subdivision,  shall  not  be  construed  to  include  more  than  one  yoke 
of  oxen,  or  a  pair  of  horses  or  rnubs,  as  the  case  may  be ;  to  each 
householder,  ten  sheep,  with  one  year's  fleece,  o/  the  yarn  or 


310  EXEMPTION  LAWS. 

cloth  manufactured  therefrom ;  two  cows  and  five  swine ;  houst 
hold  goods,  furniture  and  utensils,  to  the  value  of  three  hundred 
dollars ;  also  food  sufficient  to  support  such  animals,  if  any,  for 
three  months,  and  provisions  actually  provided  for  family  use, 
and  necessary  for  the  support  of  such  householder  and  family  for 
six  months ;  the  seat  or  pew  occupied  by  a  householder  or  hia 
family  in  a  place  of  worship ;  but  no  article  of  property  men- 
tioned, shall  be  exempt  from  execution  issued  on  a  jttdgment  foi 
*ts  price,  or  upon  a  mortgage  thereon. 

Homestead. — "When  a  person  shall  die.  leaving  a  wi'dow,  minor 
c,hild  or  children,  the  widow,  child  or  children,  shall,  until  letters 
have  been  granted,  and  the  inventory  returned,  be  entitled  to  re- 
main in  possession  of  the  homestead,  and  of  all  the  wearing  appa- 
rel of  the  family,  and  of  all  the  household  furniture  of  the  de- 
ceased, and  shall  also  be  entitled  to  a  reasonable  provision  for 
their  support,  to  be  allowed  by  the  probate  judge.  Upon  the  re- 
turn of  the  inventory,  the  court  shall  set  apart,  for  the  use  of  the 
widow,  minor  child  or  children,  all  the  property  of  th-s  estate  by 
law  exempt  from  execution.  If  the  amount  thus  exempt  be  in 
sufficient  for  the  support  t>f  the  widow  and  minor  child  or  children, 
the  Probate  Court  shall  make  snch  further  reasonable  allowance 
out  of  the  estate  as  may  be  necessary  for  the  maintenance  of  the 
family,  according  to  their  circumstances,  during  the  progress  of 
the  settlement  of  the  estate  ;  but  no  such  allowance  shall  be  made 
after  one  year  from  the  granting  letters  testamentary  or  of  admin- 
istration. Any  allowance  made  by  the  court  in  accordance  with 
the  above  provisions,  shall  be  paid  by  the  executor  or  administra- 
tor, in  preference  to  all  ether  charges,  except  funeral  charges,  and 
expenses  of  administration.  When  property  shall  have  been  set 
apart  for  the  use  of  the  family,  in  accordance  with  the  foregoing 
provisions,  if  the  deceased  shall  have  left  a  widow  and  no  minor 
children,  such  property  shall  be  the  property  of  the  widow;  and 
if  he  shall  have  left  also  a  minor  child  or  children,  one  half  to  the 
widow  and  the  remainder  to  such  child,  or  in  equal  shares  to  such 
children,  if  there  are  more  than  one  j  if  there  be  no  widow,  then 
the  whole'  shall  belong  to  the  minor  child  or  children.  If,  on  the 
return  of  the  inventory  of  any  intestate's  estate,  who  died  leaving 
a  widow  or  minor  children,  it  shall  appear  thai  the  value  of  the 
estate  does  not  exceed  three  hundred  dollars,  the  Probate  Court 
shall,  by  decree  for  that  purpose,  assign  for  the  use  and  support 
of  the  widow,  or  minor  child  or  children  of  the  intestate,  or  ii 
there  be  no  widow,  to  the  child  or  children,  the  whole  estate,  after 
the  payment  of  the  funeral  expenses,  and  tke  expeuwefl  of  admin 
istratio*n. 


EXEMPTION   LAWS.  311 

KANSAS.— Personal— The  family  bible  ;  family  pictures,  school 
books  or  library  and  musical  instruments  for  use  of  family ;  a 
seat  or  pew  in  any  house  or  place  of  public  worship ;  a  lot  in 
any  burial  ground ;  all  wearing  apparel  of  the  debtor  and  his 
family ;  all  beds,  bedsteads  and  bedding  kept  and  used  by  the 
debtor  and  his  family ;  all  stoves  and  appendages  put  up  or  kept 
for  the  use  of  the  debtor  and  his  family ;  all  cooking  utensils, 
and  all  other  household  furniture  not  herein  enumerated,  not 
exceeding  five  hundred  dollars ;  three  cows,  ten  swine,  one  yoke 
of  oxen  and  one  horse,  or,  in  lieu  of  one  yoke  of  oxen  and  one 
horse,  a  span  of  horses  or  mules ;  twenty  sheep,  and  the  wool 
from  the  same,  either  in  the  raw  material  or  manufactured  into 
yarn  or  cloth ;  the  necessary  food  for  all  the  stock  mentioned,  for 
one  year's  support,  either  provided  or  growing,  or  both,  as  the 
debtor  may  choose;  also,  one  wagon,  cart  or  dray,  one  sleigh, 
two  ploughs,  one  drag,  and  other  farming  utensils,  including 
tackle  for  teams,  not  exceeding  three  hundred  dollars  in  value ; 
the  provisions  for  the  debtor  and  his  family  necessary  for  one 
year's  support,  either  provided  or  growing,  or  both,  and  fuel 
necessary  for  one  year ;  the  tools  and  instruments  of  any  mechanic, 
minor  or  other  person,  used  and  kept  for  the  purpose  of  carrying 
on  his  trade  or  business,  not  exceeding  three  hundred  dollars  in 
value,  and,  in  addition  thereto,  stock  in  trade,  not  exceeding  four 
hundred  dollars  in  value ;  the  library  and  implements  oi  any 
professional  man ;  all  of  which  articles,  hereinbefore  intended  to 
be  exempt,  shall  be  chosen  by  the  debtor,  his  agent,  clerk  or  legal 
representative,  as  the  case  may  be.  Nothing  in  this  act  shall  be 
so  construed  as  to  exempt  any  property  in  this  State  from  execu- 
tion or  attachment  for  clerks',  laborers'  or  mechanics'  wages. 

Homestead.— A.  homestead,  consisting  of  any  quantity  of  land 
not  exceeding  160  acres,  for  agricultural  or  horticultural  pur- 
poses, and  the  dwelling-house  thereon  and  its  appurtenances,  to 
be  selected  by  the  owner  thereof,  and  not  included  in  any  incor- 
porated town,  city  or  village ;  or  instead  thereof,  at  the  option 
of  the  owner,  a  quantity  of  land,  not  exceeding  in  amount  one 
acre,  being^  within  an  incorporated  town,  city  or  village,  and  the 
house  thereon,  and  its  appurtenances,  the  whole  not  exceeding  in 
value  one  thousand  dollars,  owned  and  occupied  by  any  resident 
of  this  State,  being  the  head  of  a  family,  shall  not  be  subject  to 
attachment,  levy  or  sale  upon  execution,  or  any  other  process 
issuing  out  of  any  court  within  this  State.  This  section  shall  be 
deemed  and  construed  to  exempt  such  homestead,  in  the  manner 
aforesaid,  during  the  time  it  shall  be  occupied  by  the  widow  01 
minor  child  or  children  of  any  deceased  person  who  was,  when 
living,  entitled  to  the  benefit  of  this  act.  Such  exemption  shall 
not  extend  to  any  mortgage,  or  any  instrument  in  the  nature 
fehcreof,  lawfully  obtained,  but  such  mortgage  or  other  aliemtiosi 


fc*.  i  EXEMPTION   LAWS. 

or  Incumbranc^  of  sucli  land,  by  the  owner  thereof,  if  a  married 
man,  shall  not  be  valid  without  the  signature  of  the  wife  of  th« 
same,  unless  such  mortgage  or  other  instrument  shall  be  given  to 
secure  the  payment  of  the  purchase  money,  or  some  portion 
thereof. 

NEBRASKA. — Personal. — The  family  Bible;  family  pictures, 
school  books  and  library  for  the  use  of  the  family ;  a  seat  or  pew 
in  any  house  or  place  of  public  worship ;  a  lot  in  any  burial 
ground ;  all  necessary  wearing  apparel  ©f  the  debtor  and  his 
family ;  all  stoves  and  appendages  put  up  or  kept  for  the  use  of 
the  debtor  and  his  family,  not  to  exceed  four;  all  cooking  uten- 
sils, and  all  other  household  furniture  not  herein  enumerated,  to 
be  selected  by  the  debtor,  not  exceeding  in  value  one  hundred 
dollars ;  one  cow,  three  hogs,  and  all  pigs  under  six  months  old, 
and  if  the  debtor  be  at  the  time  actually  engaged  in  the  business 
of  agriculture,  in  addition  to  the  above,  one  yoke  of  oxen,  or  a 
pair  of  horses  in  lieu  thereof;  ten  sheep,  and  the  wool  therefrom, 
either  in  the  raw  material  or  manufactured  into  yarn  or  cloth  ; 
the  necessary  food  for  the  stock  mentioned  above  for  three 
months ;  one  wagon,  cart  or  dray,  two  plough's  and  one  drag ; 
the  necessary  gearing  for  the  team  herein  exempted,  and  other 
farming  implements  not  exceeding  fifty  dollars  in  value ;  provi- 
sions for  the  debtor  and  his  family  necessary  for  six  months' 
support,  either  provided  or  growing,  or  both,  and  fuel  necessary 
for  six  months ;  the  tools  and  instruments  of  any  mechanic,  minor 
or  other  person,  used  and  kept  for  the  purpose  of  carrying  on 
his  trade  or  business :  the  library  and  implements  of  any  pro- 
fessional man ;  all  of  which  articles,  hereinbefore  intended  to  be 
exempt,  shall  be  chosen  by  the  debtor,  his  agent,  clerk  or  legal 
representative. 

All  heads  of  families,  who  have  neither  lands,  town  lots,  or 
houses  subject  to  exemption  as  a  homestead,  under  the  laws  of 
this  State,  shall  have  exempt  from  forced  sale  on  execution  the 
sum  of  live  hundred  dollars  in  personal  property. 

llnnesiead. — Any  quantity  of  land  not  exceeding  one  hundred 
and  sixty  acres,  and  the  dwelling  house  thereon  and  its  appur- 
tenances, to  be  selected  by  the  owner  thereof,  and  not  included 
in  any  incorporated  town,  city  or  village,  or,  instead  thereof,  at 
the  option  of  the  owner,  a  quantity  of  contiguous  laud,  not  ex- 
:.!g  in  amount  two  lots,  being  within  an  incorporated  town, 
and  the  dwelling  housa  thereon  and  its  appur- 
tenances, ownea  and  occupied  by  any  resident  of  the  State, 
shall  not  be  subject  to  attachment,  levy  or  sale,  upon  execution 
or  any  other  process  issuing  out  of  any  court  within  this  State, 
BO  long  as  the  same  shall  be  owned  and  occupied  by  the  debtor 
AS  gucu  homostead.  This  section  shall  be  deemed  and  construed 


EXEMPTION   LAWS.  /  313 

to  exempt  such  homestead,  in  the  manner  aforesaid,  during  the 
time  it  shall  be  occupied  by  any  one  or  more  of  the  family  of  the 
debtor,  or  by  the  widow  or  minor  child  or  children  of  any  de- 
ceased person  who  was,  when  living,  entitled  to  the  benefit  of 
this  sub-division :  Provided,  that  the  homestead  mansion  and 
twenty  acres  jf  the  land  whereon  the  mansion  is  situate,  and 
land  adjoining  the  same  to  the  extent  of  five  hundred  dollars  in 
value,  all  being  without  an  incorporated  town,  city  or  village, 
Bhall  be  exempted,  and  no  more. 

WASHINGTON. — Personal. — All  private  libraries;  all  articles  of 
clothing  of  married  women  and  children  under  twenty-one  years 
of  age ;  and  to  each  family,  kitchen  and  cupboard  ware  to  the 
amount  of  one  hundred  and  fifty  dollars ;  one  bed  for  every  two 
persons  in  the  family;  two  cows ;  two  horses  or  two  yoke  of  oxen; 
one  wagon ;  two  hogs  ;  farming  utensilf  actually  used  by  the  fam- 
ily ;  produce  raised  upon  the  farm  or  garden  sufficient  for  six 
months'  consumption,  and  all  tools  of  mechanics  used  to  carry  on 
their  trade.  But  no  article  of  property  mentioned  above,  shall 
be  exempt  from  an  execution  issued  on  a  judgment  recovered  for 
its  price,  or  upon  a  mortgage  thereon,  or  for  any  tax  levied 
thereon. 

Homestead. — The  family  homestead  is  exempt  from  execution, 
provided  it  does  not  exceed  five  hundred  dollars.  When  a  person 
shall  die,  leaving  a  widow  and  minor  child  or  children,  the  widow, 
child,  or  children  shall,  until  letters  have  been  granted  and  the 
inventory  returned,  be  entitled  to  remain  in  possession  of  the  home- 
stead, and  of  all  the  wearirg  apparel  of  the  family,  and  of  all  the 
household  furniture  of  the  deceased,  and  shall  also  be  entitled  to 
a  reasonable  provision  for  their  support  to  be  allowed  by  the 
Probate  Judge ;  but  no  such  allowance  shall  be  made  after  ono 
year  from  the  granting  letters  testamentary  or  of  administration. 
When  property  shall  have  been  set  apart  for  the  use  of  the  family, 
in  accordance  with  the  foregoing  provisions,  if  the  deceased  shall 
leave  a  widow,  and  no  minor  children,  such  property  shall  be  the 
property  of  the  widow ;  if  he  shall  have  left  also  a  minor  child 
or  children,  one  half  to  the  widow,  and  the  remainder  to  such 
child,  or  in  equal  shares  to  such  children,  if  there  are  more  than 
one ;  if  there  be  no  widow,  then  the  whole  shall  belong  to  the 
minor  child  or  children.- 

All  real  and  personal  .estate  to  which  any  married  woman  shall 
hereafter  become  entitled  to  in  her  own  right,  and  all  which  may 
at  the  time  of  her  marriage  belong  to  her,  and  all  the  issues,  rents 
and  profits  of  such  real  estate  shall  not  be  liable  to  attachment 
for,  or  execution  upon,  any  liability  of  a  judgment  against  tho 
husband,  so  long  as  she,  or  any  minor  heir  of  her  body  shall  be 
living:  Provided,  That  her  separate  property  shall  not  be  exempt 


814  EXEMPTION   LAWS. 

from  attac  ment  or  execution  where  the  debts  were  owing  ly  tho 
wife,  previous  to  marriage,  or  may  have  been  contracted  for  her 
benefit. 

NEW-MEXICO. — The*  clerks  of  the  Probate  Courts  of  the  different 
counties  of  this  territory,  shall  be  ex-officio  recorders  in  their  re- 
spective counties.  It  shall  be  the  duty  of  the  recorder  to  record 
in  a  book  of  good  size  (which  he  shall  keep  in  the  office  for  this 
purpose,)  all  land  titles  and  other  papers  which  by  law  should  be 
recorded.  When  any  land  title,  or  other  document,  shall  bo  de- 
livered to  the  recorder  to  be  recorded,  it  shall  be  his  duty  to  en 
dorfle  immediately  on  that  document,  or  other  paper,  the  day, 
month  and  year  in  which  he  received  it,  and  he  shall  record  it  in 
the  book  of  record  as  soon  as  possible,  and  the  said  documents,  from 
the  date  in  which  they  were  delivered  to  the  recorder,  shall  be 
considered  as  recorded,  and  this  shall  be  sufficient  notice  to  tho 
public  of  the  contents  thereof.  The  recorder  shall  receive  for  his 
services  ten  cents  for  every  hundred  words  recorded  by  him  in 
accordance  with  this  law,  and  shall  furthar  receive  for  certificate 
and  seal  to  documents  recorded,  one  dolla';. 

NEVADA — Personal. — All  spinning  wheels,  weaving  looms,  and 
stoves  put  up  or  kept  for  use  ;  the  family  Bible,  family  pictures, 
and  school-books  and  library,  not  exceeding  in  value  two  hun- 
dred dollars ;  all  sheep,  to  the  number  of  twenty,  with  their 
fleeces,  and  the  yarn  or  cloth  manufactured  from  the  same  ;  two 
cows,  five  swine,  with  the  necessary  food  for  them  for  six 
months ;  all  wearing  apparel  of  the  widow  and  children,  and 
all  household  goods,  furniture,  and  utensils,  not  exceeding  in 
value  seven  hundred  and  fifty  dollars. 

Homestead. — The  Homestead,  consisting  of  a  quantity  of 
land,  together  with  the  dwelling-house  thereon  and  it's  appur- 
tenances, not  exceeding  in  value  the  sum  of  five  thousand 
dollars,  to  be  selected  by  the  owner  thereof,  shall  not  be  subject 
to  forced  sale  on  execution,  or  on  any  final  process  from  a  court, 
for  any  debt  or  liability  contracted  or  incurred  at  any  time,  in 
any  other  place  than  in  this  Territory,  or  for  any  debt  or  liability 
contracted  in  this  Territory,  after  thirty  days  from  the  passage 
of  this  act,  November  13th,  1861 ;  provided,  the  possessor  thereof 
did  not  acquire  the  means  of  procuring  such  homestead  through 
fraud  or  false  representations. 

Such  exemption  shall  not  extend  to  any  mechanic's,  laborer's, 
or  vendor's  lien,  or  to  any  mortgage  lawfully  obtained ;  but  no 
mortgage,  sale,  or  alienation  of  any  kind  whatever,  of  such  land 
by  the  owner  thereof,  if  a  married  man,  shall  be  valid  without 
the  signature  of  the  wife  to  the  same,  acknowledged  by  her  sep- 
arately  and  apart  from  her  husband ;  provided,  that  the  wife  bo 
a  resident  of  thia  Territory,  and  that  such  signature  and  acknow- 


EXEMPTION   LAWS.  315 

ledgxte&t  sL all  not  be  necessary  to  the  validity  of  any  mortgage 
Upon  the  land,  executed  before  it  became  the  homestead  of  the 
debtor,  or  executed  to  secure  the  payment  of  the  purchase 
money. 

The  homestead  and  other  property  exempt  from  forced  sale, 
upon  the  death  of  the  head  of  the  family,  shall  be  set  apart  by 
the  Probate  Court  for  the  benefit  of  the  surviving  wife  and  his 
own  legitimate  children  ;  provided,  that  the  exemption,  as  pro- 
vided in  this  section,  shall  not  extend  to  unmarried  persons, 
except  when  they  have  charge  of  minor  brothers  or  sisters,  or 
both,  or  brothers'  or  sisters'  minor  children,  or  a  mother,  or  un- 
married sisters  living  in  the  house  with  them. 

Nothing  in  this  act  shall  be  so  construed  as  exempting  any 
real  or  personal  property  from  sale  for  taxes. 

DAKOTA— Personal. — All  family  pictures  ;  all  miscellaneous 
books  and  musical  instruments  for  use  of  family  not  exceeding 
five  hundred  dollars  in  value ;  a  seat  or  pew  in  any  house  of 
worship  ;  a  lot  or  lots  in  any  burial-ground  ;  all  wearing  apparel 
suitable  to  the  condition  of  the  debtor  and  his  family  ;  all 
household  furniture  used  by  the  debtor  and  his  family,  not 
exceeding  five  hundred  dollars  in  value,  and  in  case  the  debtor 
shall  own  more  than  five  hundred  dollars'  worth  of  furniture, 
he  shall  select  such  as  may  be  deemed  most  useful  to  himself 
and  family,  leaving  the  balance  subject  to  legal  process ;  three 
cows,  ten  swine,  one  yoke  of  oxen,  and  one  horse,  or  two  yoke 
of  oxen,  or  a  span  of  horses  or  mules,  one  hundred  sheep  and 
their  lambs  under  six  months  old,  and  all  the  wool  of  the  same, 
and  all  cloth  or  yarn  manufactured  therefrom,  the  necessary  food 
for  the  animals  herein  before  mentioned,  for  one  year's  support, 
either  provided  or  growing,  or  both  as  the  debtor  may  choose  ; 
also  one  waggon,  also  one  sleigh,  two  ploughs,  one  harrow,  and 
other  farming  utensils,  including  tackle  for  teams,  not  exceeding 
three  hundred  dollars  in  value. 

The  provisions  for  the  debtor  and  his  family,  necessary  for 
one  year's  support,  either  provided  or  growing,  or  both,  and 
fuel  necessary  for  one  year.  The  tools  and  instruments  of  any 
mechanic,  whether  a  minor  or  of  age,  used  and  kept  for  the 
purpose  of  carrying  on  his  trade  or  business,  and  in  addition 
thereto,  stock  in  trade  not  exceeding  two  hundred  dollars  in 
value.  The  library  and  implements  of  any  professional  man, 
not  exceeding  six  hundred  dollars  in  value,  ad  of  which  articles 
nerein  before  exempt  shall  be  chosen  by  the  debtor,  his  agent 
or  legal  representatives,  and  wherever  the  articles  are  limited  in 
value,  they  shall  be  (appraised)  at  the  usual  price  of  such  arti- 
cles at  sheriff  sale  as  near  as  can  be. 

Kothing  in  this  act  shall  be  BO  construed  as  to  exempt  any 


316  EXEMPTION  LAWS. 

property  in  this  Territory  from  execution  for  clerk's,  laborer's, 
or  mechanic's  wages. 

Homestead. — A  Homestead,  belonging  to  any  man  or  woman 
resident  in  this  Territory,  consisting  of  not  more  than  eighty 
acres  of  land,  and  the  dwelling-house  and  other  improvements 
and  appurtenances  situated  thereon  convenient  for  a  homestead, 
to  be  selected  by  the  owner  thereof,  and  not  included  within 
any  incorporated  city  or  village,  or  instead  thereof,  at  the  option 
of  the  owner,  a  quantity  of  land  not  exceeding  in  amount  one 
acre,  being  within  an  incorporated  city,  town,  or  village,  and 
the  dwelling-house  thereon  and  its  appurtenances,  shall  not  be 
subject  to  attachment  or  mesne  process,  (or  levy),  or  sale  upon 
execution,  or  any  other  process  issuing  from  any  court  within 
this  Territory.  This  section  shall  be  construed  to  exempt  such 
homestead  in  the  manner  aforesaid,  during  the  time  it  shall  be 
owned  or  occupied  by  the  widow  or  minor  child  or  children  of 
any  deceased  person,  who  was,  when  living,  entitled  to  the 
benefit  of  this  act. 

Such  exemption  shall  not  extend  to  any  mortgage  thereon, 
but  such  mortgage  of  said  homestead  or  any  part  thereof  by 
the  owner  if  he  be  a  married  man,  shall  not  be  valid  unless  the 
wife  join  in  said  conveyance. 

COLORADO  TERRITORY — Personal. — All  family  pictures,  school- 
books  and  library  ;  a  seat  or  pew  in  any  house  or  place  of  public 
worship  ;  the  sites  of  burial  of  the  dead  ;  all  wearing  apparel  of 
the  debtor  and  his  family ;  all  stoves  and  appendages,  kept  for  the 
use  of  the  debtor  and  his  family ;  all  cooking  utensils,  and  all 
the  household  furniture  not  herein  enumerated,  not  exceeding 
three  hundred  dollars  in  value ;  the  provisions  for  the  debtor 
and  his  family,  necessary  for  six  months,  either  provided  or 
growing,  or  both;  and  fuel  necessary  for  six  months.  The 
tools  and  implements,  or  stock  in  trade  of  any  mechanic,  minor? 
or  other  person,  used  and  kept  for  the  purpose  of  carrying  on 
his  trade  or  business,  not  exceeding  two  hundred  dollars  in 
value.  The  library  and  implements  of  any  professional  man, 
not  exceeding  three  hundred  dollars.  Working  animals  to  the 
value  of  two  hundred  dollars.  One  cow  and  calf,  ten  sheep, 
and  the  necessary  food  for  all  the  animals  herein  mentioned  for 
six  months,  provided  or  growing,  or  both  ;  also  one  farm  wagon, 
cart  or  dray,  one  plough,  one  harrow,  and  other  farming  imple- 
ments, including  harness  and  tackle  for  team,  not  exceeding 
fifty  dollars  in  value ;  provided,  that  nothing  in  this  act  shall 
be  so  construed  as  to  exempt  any  property  of  any  debtor  from 
sale  for  the  payment  of  any  taxes  whatever,  legally  assessed, 
and  no  article  of  property  above  mentioned,  shall  be  exempt 
from  attachment,  or  sale  on  execution,  for  the  purchase  money 
for  said  article  of  property. 


LEGAL   BATES  OF  INTEREST.  817 


LEOAL  RATES  OF  INTEREST. 

MAINE.  —  Legal  rate,  fix  per  cent.  If  more  be  agreed  to  be  taken, 
(Dnly  legal  interest  can  be  recovered. 

NEW  HAMPSHIRE.  —  Legal  rate,  six  per  cent.  (Banks  are  priv- 
ileged to  receive  seven  and  three-tenths  per  cent.)  If  more  bo 
taken,  the  party  forfeits  three  times  the  amount  unlawfully  taken. 

VERMONT.  —  Legal  rate,  six  per  cent.  Interest  paid  beyond 
that  rate  may  be  recovered. 

MASSACHUSETTS.  —  Legal  rate,  six  per  cent.  ;  but  any  amount 
shall  be  legal  if  specified  in  writing.  When  the  defence  of 
usury  is  established,  defendant  shall  recover  his  costs,  and  plain- 
tiff shall  forfeit  three-fold  the  amount  of  interest  unlawfully 
taken.  The  party  paying  usurious  interest  may  recover  three- 
fold the  amount  of  unlawful  interest  paid. 

RHODE  ISLAND.  —  Legal  rate,  six  per  cent.  Unless  a  different 
rate  be  specified. 

CONNECTICUT.  —  Legal  rate,  six  per  cent.  Plaintiff  can  recover 
the  principal,  but  without  the  interest.  Persons  taking  usury, 
forfeit  the  whole  of  the  interest  ;  half  going  to  the  party  who 
prosecutes  to  effect,  and  half  to  the  State. 


YORK.  —  Legal  rate,  seven  per  cent.  All  contracts  whereby 
a  higher  rate  is  reserved,  are  void.  Corporations  cannot  set  up 
the  defence  of  usury. 

NEW  JERSEY.  —  Legal  rate,  seven  per  cent.  All  contracts  for  a 
higher  rate  are  void.  Persons  taking  a  higher  rate,  forfeit  the 
whole  value  of  the  contract—  half  to  the  State,  and  half  to  the 
prosecutor.  Greater  interest  than  allowed  in  place  where  the 
contract  is  made,  cannot  be  recovered  by  action  in  this  State. 

PENNSYLVANIA.  —  Legal  rate,  six  per  cent.  Usurious  interes- 
cannot  bo  recovered;  and  if  paid,  may  be  again  recovered,;  bui 
usury  does  not  render  the  entire  contract  void. 

DELAWARE.  —  Legal  rate,  six  per  cent.  Whoever  takes  more 
forfeits  the  whole  debt  —  half  to  the  State,  and  half  to  the  prose 
eutor. 

MARYLAND.  —  Legal  rate,  six  per  cent.  In  contracts  where  more 
is  taken,  only  the  excess  over  the  legal  rate  is  void. 

VIRGINIA.  —  Legal  rate,  six  per  cent.  Usurious  contracts  are 
void,  with  the  penalty  of  forfeiture  of  twice  the  amount  of  the  debt 


318  LEGAL    HATES    OF    INTEREST. 

NORTH  CAROLINA. — Legal  rate,  six  per  cent.  All  contracts  for 
&  higher  rate  are  void,  and  the  party  exacting  it  is  liable  to  a  for- 
feiture of  double  the  amount  of  the  debt — half  to  the  State,  and 
half  to  the  prosecutor. 

SOUTH  CAROLINA. — Legal  rate,  svvcn  per  cent.  The  party  re- 
serving more,  forfeits  the  entire  interest,  and  must  pay  all  costs. 

GEORGIA. — Legal  rate,  seven  per  cent.  If  more  be  reserved,  the 
party  forfeits  the  entire  interest. 

FLORIDA. — Legal  rate,  eight  per  cent.,  if  by  agreement ;  if  no 
rate  be  specified,  then  six  per  cent.  Usury  is  punishable  by  in- 
dictment and  loss  of  all  the  interest. 

ALABAMA. — Legal  rate,  eight  per  cent.  In  usurious  -contracts, 
the  principal,  without  interest,  may  be  recovered. 

Mississirpi. — Legal  rate,  six  per  cent.,  for  the  use  of  money  / 
and  upon  other  contracts  ;  but  contracts  may  bo  made  in  writing 
for  the  payment  of  ten  per  cent.,  but  not  higher. 

LOUISIANA. — Legal  rate.  Jive  per  cent. ;  but  parties  may  agree 
on  any  sum  as  high  as  eight  per  cent.  Bank  interest  is  six  per 
cent.  The  penalty  for  usurious  contracts  is  a  forfeiture  of  the 
entire  interest. 

TEXAS. — Legal  rate,  where  no  rate  is  specified,  eight  per  cent , 
but  parties  may  agree  upon  any  rate  as  high  as  twelve  per  cent 
Where  more  interest  is  reserved,  no  interest  can  be  recovered. 

ARKANSAS. — Legal  rate;  where  no  rate  is  mentioned,  six  per 
cent.;  but  parties  may  contract  for  any  rate  not  exceeding  ten  per 
cent.  Usurious  contracts  are  void. 

TENNESSEE. — Legal  rate  six  per  cent.  Parties  taking  more,  are 
liable  to  a  fine  of  not  less  than  the  amount  usuriously  token. 

KENTUCKY. — Legal  rate,  six  per  cent.  All  contracts  for  a  .higher 
rate  are  usurious  and  void. 

OHIO. — Legal  rate,  six  per  cent. ;  but  parties  may  contract  for 
any  rate  as  high  as  ten  per  cent.;  if  for  a  higher  rate,  the  excess  is 
void. 

MICHIGAN. — Legal  rate,  seven  per  cent.,  with  permission  to  agree 
upon  any  rate  nf/c  higher  than  ten  per  cent.,  for  the  use  of  money. 
Contracts  are  not  void  for  usury  beyond  the  usurious  excess. 

INDIANA. — Legal  rate,  six  per  cent.  Usurious  interest  cannot  be 
recovered,  and,  if  paid,  may  be  regained;  but  usury  does  rot  ren- 
der the  entire  contract  void. 

ILLINOIS. — Legal  rate,  six  per  cent.     On  written  agreement  for 


LEGAL   RATES  OP   INTEREST.  810 

loaned  money,  parties  may  agree  upon  any  rate  not  exceeding  ten 
per  cent.  In  a  suit  on  a  note,  if  it  be  shown  that  it  was  not  given 
for  money  loaned,  judgment  will  be  given  for  the  principal  sum 
with  six  per  cent,  interest. 

MISSOURI.— Legal  rate,  six  per  cent.  If  plea  of  usury  be  sus- 
tained, judgment  shall  be  rendered  for  legal  interest  only,  which 
interest  shall  be  paid  to  the  common  school  fund.  In  addition,  a 
usurer  shall,  upon  information  to  any  Justice  of  the  Peace,  or 
Court,  having  jurisdiction,  forfeit  and  pay  to  the  common  school 
fund  the  whole  interest  agreed  co  be  paid. 

IOWA. — Legal  rate,  six  per  cent.  Parties,  however,  may  agree 
upon  any  rate  not  exceeding  ten  per  cent.  Illegal  interest  may  be 
recovered. 

WISCONSIN. — Legal  rate,  seven  per  cent.  But  parties  may  agree 
in  writing  upon  any  rate  not  exceeding  twelve  per  cent.  If  more 
be  taken,  the  person  paying  may  recover  treble  the  amount  paid, 
if  action  be  commenced  within  one  year  from  the  date  of  such  pay- 
ment. 

CALIFORNIA. — Legal  rate,  ten  per  cent.  But  any  greater  rate, 
or  compound  interest,  may  be  reserved  by  agreement. 

MINNESOTA. — Any  rate  of  interest  agreed  upon  by  parties  in 
contract,  specifying  the  same  in  writing,  is  legal  and  valid.  When 
no  rate  of  interest  is  agreed  upon,  or  specified  in  a  note,  or  other 
contract,  seven  per  centum,  per  annum,  is  the  legal  rate.  All 
judgments  that  may  be  recovered  in  any  court  of  this  State, 
shall,  from  and  after  the  rendition  of  the  same,  draw  interest  at 
the  rate  of  twelve  per  cent,  per  annum. 

OREGON. — Legal  rate  of  interest,  ten  per  cent.,  foi  money  lent 
or  money  due  on  settlement  of  accounts,  from  the  day  of  liquida- 
ting the  same,  and  ascertaining  the  balance. 

DISTRICT  OF  COLUMBIA. — Legal  rate  of  interest,  six  per  cent, 
Usurious  contracts  are  void. 

KANSAS. — Legal  rate  of  interest,  seven  per  cent,  per  annum, 
when  no  other  rate  of  interest  1?  agreed  upon.  Parties  to  any 
bond,  bill,  promissory  note  or  other  instrument  of  writing  for  tha 
payment  or  forbearance  of  money,  may  stipulate  therein  for  inter- 
est at  any  rate  not  exceeding  twelev  per  cent,  per  annum.  JSo 
incorporated  banking  institution  in  this  State  shall  be  entitled 
to  receive  more  than  the  rate  of  interest  specified  in  its  charter, 
or,  if  no  rate  be  specified,  more  than  seven  per  cent,  per  annum 
any  loan  or  discount  whatsoever. 


320  LEGAL  KATES   OF  INTEREST. 

NEBRASKA. — Legal  rate  of  interest  upon  the  loan  or  forbear- 
ance  of  money,  goods  or  things  in  action,  ten  per  cent.,  unless  a 
greater  rate,  not  exceeding  fifteen  per  cent.,  be  contracted  for  by 
the  parties. 

UTAH. — Legal  rate  of  interest,  seven  per  cent.  But  parties 
m&y  agree  in  writing  upon  a  rate  not  exceeding  ten  per  cent. 

WASHINGTON.— Legal  rate  of  interest,  ten  per  cent,  per  annum. 
Any  rate  of  interest  agreed  upon  by  parties  to  a  contract,  speci 
fying  the  same  in  writing,  shall  be  valid  and  legal. 

NEVADA. — Legal  rate,  ten  per  cent.  Parties  may  agree,  in 
writing,  for  the  payment  of  any  rate  of  interest  whatever  on 
money  due^or  to  become  due  on  any  contract.  Any  judgment 
rendered  on  such  contract,  shall  conform  thereto,  and  shall  bear 
the  interest  agreed  upon  by  the  parties,  and  which  shall  be 
specified  in  the  judgment ;  provided,  only  the  amount  of  the 
original  claim  or  demand  shall  draw  interest  after- judgment. 

COLORADO. — Legal  rate  of  interest,  ten  per  cent.  The  parties 
to  any  bond,  bill,  promissory  note,  or  other  instrument  of  writ- 
ing, may  stipulate  therein  for  the  payment  of  a  greater  or  higher 
rate  of  interest  than  ten  per  centum  per  annum,  and  any  such 
stipulation  may  be  enforced  in  any  court  of  law  or  equity  in  the 
Territory, 


OF  ACTIONS,  321 


LIMITATION    OF   ACTIONS 

IN  THE  BIEFEEEffT  STATES. 


MAINE. — Actions  which  must  be  commenced  within  six  years  after 
the  cause  of  action  accrues. — Actions  of  debts  on  contract  not  un- 
der seal ;  for  arrears  of  rent ;  for  waste  :  trespass  on  land  j 
replevin  and  all  other  actions  for  detention  and  injury  to  goods; 
and  all  causes  for  action  founded  on  contract  or  liability. 

Within  four  years. — All  actions  against  Sheriff. 

Within  two  years. — All  actions  for  assault  and  battery,  false  im- 
prisonment, slander,  and  libel. 

Within  one  year. — Actions  against  endorser  of  writ  on  judg- 
ment, in  the  original  action. 

Cause  of  action  accrues,  in  cases  of  open  account;  from  the  date 
of  the  last  item  proved. 

All  personal  actions  not  limited  by  the  above  provisions  may  be 
brought  within  twenty  years  after  cause  of  action  accrues.  Minors 
married  women,  persons  out  of  the  United  States,  insane,  or  im- 
prisoned, may  bring  actions  within  the  times  above  limited,  after 
such  disability  is  removed.  If,  at  the  time  a  cause  of  action  ac- 
crues againsi,  any  person,  he  shall  be  out  of  the  State,  the  action 
may  be  commenced  within  the  time  above  limited  after  his  return 
to  the  State.  No  action  for  the  recovery  of  lands  can  be  com- 
menced against  any  person  who  has  been  in  open,  peaceable,  and 
exclusive  possession  of  the  same  for  more  than  forty  years. 

NEW-HAMPSHIRE. — Actions  which  must  be  commenced  within 
twenty  years  after  the  cause  of  action  accrues. — All  actions  for  the 
recovery  of  real  estate  •  all  actions  of  debt  founded  on  a  judgment 
or  recognisance,  or  a  contract  under  seal. 

Within  Jive  years. — All  rights  in  action,  relative  to  real  estate, 
by  minors  or  persons  insane,  may  be  commenced  within  five  yean 
after  such  disability  is  removed. 

Within  three  years. — All  writs  of  error  after  judgment  has  boon 
rendered. 

Within  two  years. — All  actions  for  slander,  assault  and  battery, 
and  wounding. 

Actions  on  notes  secured  by  mortgage  may  be  brought  so  long 
as  the  plaintiff  to  action  holds  the  mortgage. 

If  the  defendant,  at  the  time  of  the  cause  of  action,  or  after- 
ward, was  absent  from  the  State,  the  time  of  such  absence  shall  bo 
excluded  in  the  computation. 


322  LIMITATION   OF    ACTIONS. 

VERMONT. — Actions  which  must  be  commenced  within  fifteen  year, 
after  the  cause  of  action  accrued. — AJ1  actions  for  the  recovery  of 
land. 

Within  fourteen  years. — All  actions  on  promissory  notes  signed 
in  the  presence  of  attesting  witnesses. 

Within  six  years. — All  actions  of  debt  on  judgment,  rendered 
in  any  court,  not  being  a  court  of  record.  All'  actions  of  debt  o» 
contract  or  liability,  not  under  seal  for  arrearages  of  rent ;  open 
account ;  trespass  on  lands ;  replevin,  and  all  other  actions  for 
taking,  detaining,  or  injuring  goods. 

Within  four  years. — All  actions  against  Sheriffs  for  the  negli- 
gence or  misconduct  of  their  deputies. 

Within  two  years. — All  actions  for  slander  and  libel. 

The  provisions  in  relation  to  married  women,  insane  and  impris- 
oned persons,  are  the  same  as  in  Maine. 

The  time  during  which  a  person,  against  whom  a  cause  of  action 
has  accrued,  is  absent  from  the  State,  is  not  computed  in  the  limit- 
ation. 

Within  three  years. — All  actions  for  assault  and  battery,  and  for 
false  imprisonment. 

MASSACHUSETTS. — Actions  which  must  be  commenced  within  six 
years  after  the  cause  of  action  accrued. — All  actions  for  arrears  of 
rent  •  waste ;  trespass  on  land ;  replevin,  and  all  other  actions  for 
taking,  detaining,  or  injuring  goods  or  chattels. 

Within  four  yedrs. — Actions  against  Sheriffs  for  the  negligence 
or  misconduct  of  their  deputies. 

Within  two  years. — Actions  for  assault  and  battery,  false  impris- 
onment, slander,  and  libel. 

None  of  the  foregoing  provisions  apply  to  any  action  on  a  prom- 
issory note  signed  in  the  presence  of  an  attesting  witness,  pro- 
vided the  action  be  brought  by  the  original  payee,  or  his  executor 
or  administrator ;  nor  to  any  action  brought  on  any  bill,  note,  or 
ether  evidence  of  debt  issued  by  any  bank. 

In  all  actions  of  debt  brought  to  recover  the  balance  due  upon 
a  mutual  and  open  account,  the  cause  of  action  accrues  at  the  time 
of  the  proof  of  the  last  item  in  such  account. 

If  any  person  entitled  to  bring  any  of  the  foregoing  actions  is, 
at  the  time  when  the  cause  of  action  accrues,  a  minor,  a  married 
woman,  a  lunatic,  imprisoned,  or  absent  from  the  United  States, 
Buch  person  may  commence  suit  within  the  times  respectively 
limited,  after  the  disability  shall  be  removed. 

All  personal  actions  on  any  contract  not  limited  by  the  forego- 
ing, •  or  by  any  other  law  of  the  State,  may  be  brought  within 
twenty  years.  In  case  the  defendant  'is  out  of  the  State,  the  time 
of  such  absence  is  not  to  be  computed. 

RHODE  ISLAND. — Actions  whidi  must  be  commenced  within  twenty 


LIMITATION    OF   ACTIONS,  823 

years  after  the  cause  of  action  accrued. — All  accounts  that  concern 
trade  or  merchandise  between  merchant  and  merchant,  their  fac- 
tors or  servants. 

Within  six  years. — All  actions  of  covenant,  account,  arrearages 
of  rent,  detinue  or  replevin,  and  of  debt  founded  on  contract  with- 
out speciality. 

Within  four  yearn. — All  actions  of  trespass,  and  of  trespass  and 
ejectment. 

Within  two  years. — All  actions  of  slander  and  libel. 

If  any  person,  at  the  time  such  action  shall  accrue,  be  a  minor, 
a  married  woman,  a  lunatic,  imprisoned,  or  beyond  the  limits  of 
tho  United  States,  he  or  she  may  commence  the  same  within  the 
times  specified  after  such  disability  is  removed. 

If  any  person  against  whom  there  shall  exist  any  of  the  above- 
mentioned  causes  of  action  be  without  the  limits  of  the  State,  or 
shall  go  out  before  the  action  is  barred,  and  shall  not  have  or  leave 
sufficient  property  therein  that  can  be  attached,  the  party  entitled 
to  such  action  may  commence  the  same  within  the  time  limited 
after  such  person's  return  into  the  State. 

CONNECTICUT. — Actions  which  must  be  commenced  within  seven- 
teen years  after  the  cause  cf  action  accrued.— All  actions  on  bonds, 
written  obligations,  contracts  under  seal,  and  promissory  notes  not 
negotiable. 

Within  fifteen  years. — All  actions  of  entry  on  lands.  Those 
legally  incapable  at  the  time  such  right  of  action  accrued,  may 
bring  the  same  at  any  time  within  four  years  after  becoming 
capable. 

Within  six  years. — All  actions  of  account,  debt  on  book,  on 
simple  contract,  and  on  implied  contracts  not  under  seal.  Those 
not  capable  may  bring  them  within  three  years  after  becoming 
capable. 

Within  three  years. — All  actions  of  slander,  libel,  trespass,  and 
express  contracts,  not  in  writing. 

The  time  when  the  defendant  is  out  of  the  State  is  excluded  from 
the  computation. 

NEW-YORK. — Actions  which  must  be  commenced  within  twenty 
years  after  the  cause  of  action  accrued. — All  actions  upon  judg- 
ments or  decrees  of  any  court  or  courts  in  the  United  States ;  upon 
sealed  instruments ;  and  for  the  recovery  of  real  estate. 

Within  six  years. — All  actions  upon  unsealed  contracts,  obliga- 
tions or  liabilities,  express  or  implied ;  for  trespass  on  real  estate  j 
for  taking,  detaining,  or  injuring  goods  o-r  chattels ;  for  the  specific 
recovery  of  personal  property ;  for  criminal  conversation ;  and  for 
injury  to  the  person  or  rights  of  another. 

Within  two  years. — All  actions  for  libel  slander,  assault,  bat 


824  LIMITATION    OF   ACTIONS. 

tcry,  false  imprisonment,  and  for  forfeitures  or  penalties  to  the 
people  of  the  State. 

In  a  ease  of  open  account,  cause  of  action  accrues  from  the  time 
when  proof  is  given  of  the  last  item  in  the  account. 

All  actions  to  enforce  the  payment  of  bills,  notes,  or  other  evidences 
of  debt,  issued  by  moneyed  corporations,  or  put  in  circulation  as 
money ;  and  all  actions  against  directors  or  stockholders  of  mon- 
eyed corporations  or  banking  associations,  to  recover  an  imposed 
penalty  or  forfeiture,  or  to  enforce  a  liability  created  by  law,  must 
be  brought  within  six  years  after  the  discovery  by  the  aggrieved 
Barsy  of  the  facts  upon  which  the  penalty  or  forfeiture  attached, 
or  the  liability,  was  created. 

No  acknowledgment  or  promise  shall  be  sufficient  evidence  of  a 
new  or  continuing  contract,  unless  the  same  be  contained  in  some 
writing,  signed  by  the  party  to  be  charged  thereby.  But  this 
section  shall  not  alter  the  effect  of  any  payment  of  principal  or 
interest. 

Absence  from  the  State  by  a  party  against  whom  cause  of  action 
has  accrued,  shall  not  be  computed. 

If  a  person  entitled  to  bring  an  action  be  at  the  time  of  the 
cause  of  action  a  minor,  a  lunatic,  a  married  woman,  or  impris- 
oned, the  time  of  such  disability  is  not  a  part  of  the  time  limited 
for  the  commencement  of  the  actionj  except  that  the  period  within 
which  the  action  must  be  brought  cannot  "be  extended  more  than 
five  years  by  such  disability,  except  in  case  of  infancy ;  nor  can  it 
be  so  extended  in  any  case  louger  than  one  year  after  the  disability 
ceases. 

NEW-JERSEY. — Actions  which,  must  be  commenced  within  twenty 
years  after  the  cause  of  action  accrued. — All  actions  for  the  recovery 
of  lands. 

Within  sixteen  years. —  All  actions  of  debt;  covenants  for  rent; 
arrearages  of  rent,  founded  on  any  lease  under  seal ;  actions  of 
debt  on  any  bill  for  the  payment  of  money  only,  or  upon  any  obli- 
gation with  condition  for  the  payment  of  money  only ;  and  all  ac- 
tions upon  awards  under  the  hands  and  seals  of  arbitrators,  for  the 
payment  of  money  only. 

Within  six  years. — All  actions  of  trespass,  detinue,  trover  and 
replevin,  for  injuring  or  taking  away  goods  and  chattels;  of  debt, 
founded  on  any  contract  without  speciality  ;  and  for  arrearages  of 
rent  on  contracts  not  under  seal. 

Within  four  years. — All  actions  of  trespass  for  assault,  menace, 
cattery  and  imprisonment. 

Within  "two  years. — All  Actions  for  libel  and  slander  within  two 
years  after  the  words  spoken. 

Minors,  married  women,  and  lunatics,  may  bring  these  actions 
within  limited  periods,  respectively,  after  their  disability  is  re 


IMITATION   OF   ACTIONS.  325 

*noved.     The  time  of  defendant's  absence  from  the  State  is  not  to 
oe  computed. 

PENNSYLVANIA. — Action*  which  must  be  commenced  within  twenty- 
one  years  after  the  cause  of  action  accrued. — All  actions  for  tho 
recovery  of  lands. 

Within  six  years. — All  actions  of  account  between  retailer  and 
consumer;  actions  of  debt  founded  upon  any  contract  without 
speciality ;  for  arrearages  of  rent,  except  the  proprietaries'  quit- 
rents  j  actions  of  replevin  for  goods  and  chattels ;  and  all  actions 
of  trespass  upon  land. 

Within  two  years. — All  actions  of  trespass,  assault,  menace,  bat- 
tery, wounding,  and  imprisonment. 

Within  one  year. — AH  actions  for  libel  and  slander. 

Infants,  lunatics,  married  women,  and  persons  imprisoned,  have 
ten  years  after  their  disability  is  removed.  Parties  out  of  the 
United  States  may  bring  the  above  actions  within  the  times  re- 
spectively limited,  after  the  disability  is  removed. 

DELAWARE. — Actions  which  must  be  commenced  within  twenty 
years  after  the  cause  of  action  accrued. — All  actions  for  recovery  of 
lands. 

Within  six  years. — All  actions  on  promissory  notes,  bills  of  ex 
change,  and  acknowledgments  under  the  hand  of  the  debtor. 

Within  three  years. — All  actions  of  trespass,  replevin,  detiirae, 
debts  not  founded  on  a  record  of  speciality,  and  of  account. 

In  cases  of  mutual  and  running  account,  limitation  not  to  begin 
while  the  account  continues  open. 

Minor^,  married  women,  lunatics,  and  persons  imprisoned,  to 
have  ten  years  after  the  removal  of  such  disability. 

The  time  of  the  defendant's  absence  from  the  State  is  to  be  de- 
ducted ;  and  in  every  such  case,  one  year  after  his  return,  to  be 
allowed,  when  the  cause  of  action  arises  in  the  State. 

MARYLAND. — Actions  which  must  be  commenced  within  three 
years  after  the  cause  of  action  accrued. — All  actions  of  trespass  on 
land,  detinue,  trover,  replevin,  contract  account,  loans,  non-resi- 
dents, contracts  without  speciality,  and  arrearages  of  rent. 

Wi-hin  one  year. — All  actions  relative  to  slander,  assault,  bat- 
tery, wounding,  and  imprisonment. 

No  person  absenting  himself  from  the  State,  or  removing  from 
county  to  county,  to  the  hindrance  and  injury  of  his  creditors,  can 
have  any  benefit  from  the  foregoing  sections. 

Minors,  married  women,  lunatics,  and  prisoners,  may  commence 
the  above  actions  within  the  times  respectively  limited,  after  their 
disability  is  removed. 

VIRGINIA. — Actions    which,  must  be  commenced  within  twenty 


326  LIMITATION    OF    ACTIONS. 

years  after  the  cause  of  action  accrues. — All  actions  founded  on  ooi> 
tracts  in  writing  under  seal. 

Within  fifteen  years. — All  actions  to  recover  land. 

Wilkin  ten  years. — All  actions  on  indemnifying  bonds  taken 
under  any  statute,  and  on  all  bonds  of  executors,  administra- 
tors, guardians,  curators,  committees,  Sheriffs,  or  other  public 
officers. 

Within  five  years. — All  actions  on  awards  or  contracts  in  writ 
ing  not  under  seal. 

Within  two  years. — All  actions  founded  on  accounts  between  re 
tailers  and  consumers. 

All  personal  actions  not  provided  for  in  the  foregoing  sectiom 
must  be  brought  to  suit  within  five  years. 

A  minor,  married  woman,  or  lunatic,  may  commence  the  above 
actions  ten  years  after  the  removal  of  such  disability. 

Every  action  upon  a  judgment  rendered  in  any'ather  State  or 
country  is  barred,  if  by  the  laws  of  such  State  or  country  it  would 
there  be  barred.  But  whether  so  barred  or  not,  no  action  can  be 
instituted  on  a  judgment  against  a  party  who  has  been  a  resident 
in  the  State  for  ten  years,  if  such  judgment  was  rendered  more 
ten  years  before  the  commencement  of  the  action. 

NORTH  CAROLINA. — Actions  which  must  be  commenced  within 
seven  years  after  the  cause  of  action  accrued. — All  claims  for  the 
recovery  of  lands. 

Within  three  years. — All  actions  of  account,  arrearages  of  rent, 
of  debt  upon  simple  contract,  and  of  detinue,  replevin,  and  tres- 
pass, either  for  goods  and  chattels,  or  upon  land. 

Within  one  year. — All  actions  for  trespass,  assault,  *battery, 
wounding,  and  imprisonment. 

Within  six  months. — All  actions  for  slander  and  libel. 

Minors,  married  women,  lunatics,  prisoners,  and  persons  beyond 
seas,  have  the  same  periods  after  the  removal  of  their  disability. 

SOUTH  CAROLINA. — Actions  which  must  be  commenced  within 
seven  years  after  the  cause  of  action  accrued. — All  claims  for  the  re- 
covery of  lands. 

All  titles  to  lands  or  possessions  for  seven  years  are  good  against 
all  claims  whatsoever.  In  actions  to  try  titles  to  lands,  if  the 
plaintiff  or  claimant  discontinue,  or  suffer  a  non-suit,  verdict,  or 
judgment  against  him,  or  in  any  other  way  let  the  first  action  fall, 
he  may  bring  a  second  action  within  two  years ;  otherwise,  he  ia 
barred.  The  second  action  is  final. 

Within  four  years. — All  actions  of  trespass  on  land ;  trespass, 
detinue  and  trover ;  and  replevin,  debt,  and  covenant. 

Within  one  year. — All  actions  of  assault,  battery,  and  i 
ment. 

Within  six  months. — All  actions  of  libel  and  slander 


UM1IATION   OF   ACTIONS.  327 

Persons  beyond  seas,  married  women,  and  prisoners,  may  com- 
mence the  above  actions  seven  years  after  the  removal  of  their 
disability ;  minors  five  years  after  their  majority. 

GEORGIA. — Actions  which  must  be  commenced  within  twenty  yer<rj 
after  the  cause  of  action  accrued. — All  actions  on  instruments  under 
seal. 

Within  seven  years. — All  actions  for  the  recovery  of  land. 

Within  six  years. — All  actions  on  notes  and  instruments  ID 
writing,  not  under  seal. 

Within  jive  years. — All  actions  on  foreign  judgments. 

.  Within  four  years. — All  actions  on  open  accounts,  trespass, 
debt,  detinue,  and  replevin  for  goods  ;  also,  all  actions,  for  trespass 
on  land. 

Within  two  years. — All  actions  for  trespass,  assault,  battery, 
wounding,  and  imprisonment. 

Within  six  months. — All  actions  for  slander. 

Minors,  married  women,  lunatics,  prisoners,  and  persons  beyond 
seas,  have  the  same  periods  after  their  disability  is  removed. 

FLORIDA. — Actions  which  must  be  commenced  within  seven  years 
after  the  cause  of  action  accrued. — All  actions  for  the  recovery  of 
real  estate. 

Within  Jive  years. — All  actions  of  account ;  debt ;  trespass  on 
land ;  and  trespass,  detinue,  and  replevin  for  goods  and  chattels. 

Within  three  years. — All  actions  tor  assault,  battery,  wounding, 
and  imprisonment. 

Within  two  years. — All  actions  on  book  accounts.  If  the  cred- 
itors die  within  such  two  years,  then  the  further  time  of  two  yenrs. 

Within  one  year. — All  actions  for  libel  and  slander. 

Minors,  married  women,  lunatics,  prisoners,  and  persons  beyond 
teas,  have  the  same  periods  after  the  removal  of  their  disability. 

Actions  of  account  concerning  merchandise  between  merchants, 
actions  of  debt  on  speciality,  and  actions  of  covenant,  not  being 
regulated  by  statute,  are  governed  by  the  old  English  law  in  force 
prior  to  1776. 

A  debtor  who  absconds,  conceals  himself,  or  otherwise  prevents 
his  creditor  from  bring  suit  within  the  terms  above  specified, 
thereby  lose&  all  benefits  of  the  foregoing  limitations. 

ALABAMA. — Actions  which  must  be  commenced  within  thirty  years 
after  the  cause  of  action  accrued. — All  actions  on  real,  possessor^ 
ancestral,  and  other  actions  for  the  recovery  of  lands. 

Within  twenty  years. — All  actions  relative  to  the  right  of  entry 
on  lands;  all  actions  on  judgments  in  any  court  of  record;  am? 
all  actions  of  debt  between  merchants,  concerning  trade  in 
chindise. 

Within  sixteen  years. — All  actions  on  instruments  under 


328  UMTTA11ON    OF  ACTIONS. 

Within  six  years. — All  actions  for  trespass;  detinue,  trover, 
replevin ;  for  taking  goods  and  chattels ;  actions  of  debt  founded 
on  contract;  for  arrearages  of  rent;  on  parole,  demise;  and  oi 
account. 

Within  three  years. — All  actions  on  open  account. 

Within  two  years. — All  actions  for  trespass,  assault,  menace, 
battery,  wounding,  and  imprisonment. 

Within  one  year. — All  actions  for  libel  and  slander. 

All  actions  for  forcible  entry  and  detainer  are  barred  by  three 
years'  adverse  possession. 

Writs  of  error  to  the  Supreme  Court  of  the  State  are  limited  to 
three  years. 

Wills  may  be  contested  by  bill  in  chancery  within  five  years 
from  the  time  of  probate. 

The  time  of  absence  from  the  State  is  not  computed. 

Miners,  married  women,  lunatics,  and  prisoners,  have  the  same 
periods  respectively  after  the  removal  of  their  disability. 

MISSISSIPPI. — Actions  which  must  be  commenced  within  ten  years 
after  the  cause  of  action  accrued.. — All  actions  for  the  recovery  of 
lands,  and  all  actions  on  judgments  of  any  court  of  record. 

Within  six  years. — All  actions  on  debts,  covenants,  arrearages 
of  rent,  founded  on  leases  under  seal,  and  all  actions  of  debt  on 
bills,  obligations,  and  awards  for  the  payment  of  money.  All 
actions  of  trespass  on  land ;  of  trespass,  detinue,  trover,  and  re- 
plevin; action  of  debt  founded  on  any  lending  or  contract  without 
speciality ;  for  arrearages  of  rent  due  on  parole  demise ;  and  all 
actions  of  account. 

Within  two  years. — All  actions  on  account  between  retail  mer- 
chants and  consumers. 

Within  one  year. — All  actions  for  slander,  assault,  and  battery. 

Minors,  married  women,  and  lunatics,  are  entitled  to  the  same 
periods  of  limitation,  after  the  removal  of  their  disability. 

Absence  from  the  State  by  parties  liable  to  action  is  not  com- 
puted. 

LOUISIANA. — Actions  which  must  be  commenced  within  thirty  years 
after  the  cause  of  action  accrued. — All  actions  relative  to  the  re- 
covery of  lands. 

Within  Jive  years. — All  actions  on  bills  of  exchange,  and  ac- 
counts between  merchants  relative  to  merchandise. 

Within  three  years. — All  actions  for  arrearages  of  rent,  annui- 
ties, alimony,  and  hire  of  movables  or  immovables  ;  for  the  pay- 
ment of  loaned  money,  salaries  of  .overseers,  clerks,  secretaries, 
and  school-teachers ;  and  for  the  payment  of  physicians',  surgeons', 
and  apothecaries'  bills. 

Within  one  year. — All  acMons  for  slander;  libel;  trespass  on 
leased  premises;  for  delivery  of  merchandise  on  board  vessels ;  foi 


LIMITATION    OF   ACTIONS.  329 

damage  sustained  by  merchandise  on  board  of  vessels ;  for  month- 
ly lessons  by  instructors;  claims  by  innkeepers,  and  others,  on 
account  of  board  and  lodging ;  all  accounts  between  retail  mer- 
chants and  consumers  ;  all  claims  by  workmen,  laborers,  and  ser- 
vants ;  all  claims  by  officers  and  sailors;  and  all  bills  for  the 
supply  of  materials  for  the  construction,  equipment,  and  provision- 
ing of  vessels. 

TEXAS. — Actions  which  must  be  commenced  within  four  years  after 
the  cause  of  action  accrued. — All  actions  for  debt  on  contract,  in 
writing;  on  all  instruments  under  seal;  and  all  accounts  between 
merchants  relative  to  merchandise. 

Witkin  two  years. — All  actions  of  trespass  for  injury  to  prop 
erty ;  for  taking  away  goods  and  chattels ;  open  accounts :  and 
accounts  between  retail  merchants  and  consumers. 

Within  one  year. — All  actions  for  assault  and  battery,  slander, 
and  libel. 

Minors,  married  women,  lunatics,  and  prisoners,  have  the  same 
periods,  after  the  removal  of  their  disability. 

An  acknowledgment  to  take  a  claim  out  of  the  statute  of  limita- 
tion must  be  in  writing,  and  signed  by  the  party  to  be  charged. 

ARKANSAS. — Actions  which  must  be  commenced  within  ten  yearn 
after  the  cause  of  action  accrued.— ~ All  actions  of  account  between 
merchants  concerning  merchandise  ;  actions  on  sealed  instruments; 
judgments  and  decrees. 

Within  five  years.— All  actions  on  promissory  notes  and  other 
instruments  in  writing,  not  under  seal. 

Within  three  years. — All  actions  of  account  between  retail  mer- 
chants and  consumers ;  all  actions  on  debts  for  labor,  rent,  tres- 
pass, and  replevin. 

Within  one  year. — All  actions  for  libel  a.nd  slander. 

Non-residents  are  subject  to  the  limitations  equally  with  resi- 
dents. When  a  debtor  has  absconded  from  another  State  into  Ar- 
kansas, without  the  knowledge  of  his  creditor,  the  latter  may  sue 
within  the  time  limited,  after  he  is  apprised  of  such  residence  of 
the  absconding  debtor. 

Minors,  married  women,  lunatics,  and  prisoners,  have  the  same 
periods,  respectively,  after  their  disability. 

All  acknowledgements  to  take  a  case  out  of  the  statute  of  lim- 
itations, or  to  bind  a  person  for  a  debt  contracted  during  his 
minority,  must  be  in  the  handwriting  of  such  person. 

TENNESSEE. — Actions  which  must  be  commenced  within  seven 
years  after  the  cause  of  action  accrued. — All  claims  for  the  recovery 
of  real  estate. 

Within  three  years. — All  actions  founded  on  accounts  rendered, 
of  debt  for  arrearages  of  rent,  of  dobt  on  »imple  contract  und  ol 


330  LIMITATION   OP   ACTKW3. 

detinue,  replevin,  and  trespass,  either  for  goods  and  chattels,  or 
upon  land. 

Within  one  year. — All  actions  of  assault,  battery,  wounding,  and 
imprisonment. 

Within  six  months. — All  actions  for  libel  and  slander. 

Minors,  married  women,  lunatics,  and  persons  beyond  seas,  have 
the  same  periods,  after  their  disability  is  removed. 

KENTUCKY. — Actions  which  must  be  commenced  within  fifteen 
years  after  the  cause  of  action  accrued. — All  actions  on  judgments 
and  decrees  of  court. 

Within  ten  years. — All  actions  on  the  official  bonds  of  a  Sheriff 
or  other  public  officer,  or  his  deputy ;  on  the  official  bond  of  a  per 
Bonal  representative,  guardian,  or  committee;  on  bonds  for  ap- 
peals, attachments,  injunctions,  and  orders  for  arrest,  or  for  the 
delivery  of  property  ;  on  bonds  for  costs  ;  on  bonds  for  replevin  ; 
on  bonds  for  sale  and  delivery,  taken  under  an  execution  or  war- 
rant of  distress;  and  on  bonds  to  suspend  sale  or  proceeding  un- 
der a  distress  warrant  or  an  execution. 

Within  Jive  years. — All  actions  on  simple  bonds  or  contracts; 
for  trespass  on  real  estate;  for  taking,  detaining,  or  injuring 
personal  property  ;  for  recovering  personal  property  ;  on. 
bills  of  exchange,  promissory  notes,  checks,  drafts,  and  orders ; 
accounts  between  merchants  concerning  trade  in  merchandise  ;  and 
actions  for  relief  on  the  ground  of  fraud. 

Within  one  year. — All  actions  for  injury  to  the  person  of  plain- 
tiff  or  his  wife,  child,  ward,  or  servant,  other  than  a  slave ;  for 
malicious  prosecution  or  arrest;  for  seduction  or  breach  of  prom- 
ise of  marriage ;  libel  and  slander  ;  for  the  carelessness  of  Sheriff 
or  his  deputy ;  and  for  accounts  between  retail  merchants  and  con- 
sumers. 

OHIO. — Actions  which  must  be  commenced  within  twenty-one  years 
after  the  cause  of  action  accrued. — All  actions  for  the  recovery  of 
real  estate. 

Within  fifteen  years. — All  actions  on  specialty,  agreements, 
contracts,  or  written  promises. 

Within  six  years. — All  actions  on  contracts  not  in  writing,  ex- 
press or  implied,  and  on  a  liability  by  statute  for  a  forfeiture  or 


Within  four  years. — All  actions  for  trespass  on  real  estate  ;  for 
taking,  detaining,  or  injuring  personal  property  ;  for  the  recovery 
of  personal  property ;  and  for  relief  on  the  ground  of  fraud. 

Within  one  year. — All  actions  for  libel,  slander,  assault,  battery, 
fjaalicious  prosecution,  and  false  imprisonment. 

Minors,  married  women,  lunatics,  and  prisoners,  are  entitled  to 
tfca  same  periods,  after  their  disability  is  removed. 


LIMITATION    OP   ACTIONS.  $31 

Absence  of  defendant  from  the  State,  or  the  time  during  which 
he  conceals  himself  to  avoid  process,  is  not  computed  in  the  limi- 
tation. 

MICHIGAN. — Actions  which  must  be  commenced  within  ten  years 
after  the  cause  of  action  accrued. — All  actions  for  the  recovery  of 
real  estate,  and  actions  founded  on  contracts,  and  instruments 
under  seal. 

Within  six  years. — All  actions  of  debt  founded  on  contract  or 
liability  not  under  seal ;  on  judgments  and  decrees  rendered  in  all 
courts  other  than  those  of  any  court  of  record  of  the  State,  or  of 
any  other  State  ;  for  arrears  of  rent ;  actions  founded  on  contract 
or  liability,  express  or  implied ;  of  waste  j  replevin  and  trover, 
and  all  other  actions  for  taking,  detaining,  or  injuring  goods  or 
chattels. 

Within  two  years. — All  actions  for  trespass  on  land ;  assault  and 
battery,  false  imprisonment,  slander,  arid  libel. 

Minors,  married  women,  lunatics,  prisoners,  or  persons  out  of 
the  United  States,  are  entitled  to  the  same  periods,  after  their  dis- 
ability is  removed. 

In  cases  of  open  account,  the  cause  of  action  accrues  at  the  time 
of  proof  of  the  last  item. 

The  foregoing  limitations  do  not  apply  to  notes  issued  as  money 
by  banks  or  money  corporations. 

When  a  party  against  whom  there  is  a  case  of  action  is  absent, 
or  leaves  the  State,  the  time  of  such  absence  is  not  computed. 

In  actions  on  contract,  no  promise  or  acknowledgment  shall  take 
a  case  out  of  the  statute,  unless  the  same  is  made  or  contained  by 
or  ia  some  writing. 

INDIANA. — Actions  which  must  be  commenced  within  ten  years  after 
the  cause  of  action  accrued. — All  actions  for  the  recovery  of  land ; 
actions  on  judgments  rendered  in  any  court  of  record  of  the  State, 
or  of  any  of  the  States  or  Territories  of  the  United  States  ;  actions 
on  bonds,  notes,  and  contracts  on  specialty  ;  and  on  bills,  notes, 
and  other  evidences  of  debt,  issued  by  banks  or  other  moneyed  cor- 
porations. 

Within  six  years. — All  actions  of  debt  founded  on  contract  or  lia- 
bility, express  or  implied  j  upon  judgments  rendered  before  a  Jus- 
tice of  the  Peace,  er  in  any  court  not  a  court  of  record  ;  for  arrears 
of  rent;  for  waste;  trespass  upon  land;  and  actions  of  replevin, 
and  for  taking,  detaining,  and  injuring  goods. 

Within  three  years. — All  actions  for  assault,  battery,  and  false 
imprisonment. 

Within  one  year. — All  actions  for  slander  and  libel. 

In  all  actions  of  debt  on  open  accounts,  cause  for  actioc  is 
deemed  to  have  accrued  at  the  time  of  the  last  item  proved. 

Absence  from  the  State,  of  defendant,  is  not  computed. 


832  LIMITATION    OP   ACTIONS, 

Minors,  married  women,  lunatics,  prisoners,  and  persons  absent 
from  the  United  States,  may  bring  action  within  'one  year  after 
their  disability  is  removed. 

ILLINOIS. — Actions  which  must  be  commenced  within  twenty  years 
after  the  cause  accrued. — All  actions  concerning  the  recovery  of  real 
estate ;  and  on  judgments  rendered  by  any  court  of  record. 

Within  sixteen  years. — All  actions  for  debt,  or  covenants  for 
rent,  founded  on  a  lease  under  seal ;  and  of  debt  founded  on  bills, 
promissory  notes,  written  obligations,  covenants  of  specialty, 
awards  of  arbitrators  under  seal,  and  on  accounts  between  mer- 
chants relative  to  trade  in  merchandise.  When  any  payment  has 
been  made  upon  such  instruments,  right  of  action  commences  from 
the  time  of  such  payment. 

Within  five  years. — All  actions  of  trespass  on  lands,  trespass  on 
personal  property,  and  taking  and  injuring  goods ;  for  arrears  of 
rent  on  parole  demise ;  and  of  accounts  between  retail  merchants 
and  consumers. 

Within  two  years. — All  actions  for  assault,  battery,  wounding, 
imprisonment  and  malicious  prosecution. 

Within  one  year. — All  actions  for  slander  and  libel. 

Absence  of  defendant  from  the  State  is  not  included  in  the  com- 
putation. 

Minors,  married  women,  lunatics,  and  persons  absent  from  the 
State,  may  commence  such  actions  within  the  terms  prescribed, 
after  the  removal  of  their  disability. 

MISSOURI. — Actions  which  must  be  commenced  within  twenty  years 
after  the  cause  of  action  accrued. — All  actions  on  bonds,  judgments, 
and  decrees. 

Within  ten  years. — -All  actions  founded  on  instruments  under 
seal. 

Within  five  years. — All  actions  for  contracts,  express  or  implied, 
and  not  under  seal ;  on  all  liabilities  created  by  statute,  other  than 
penalties  or  forfeitures ;  for  trespass  on  real  estate ;  for  taking,  de- 
taining, or  injuring  goods;  for  the  recovery  of  personal  property; 
for  criminal  conversation,  or  other  injury  to  the  rights  of  persons; 
and  all  actions  for  relief  on  the  ground  of  fraud,  the  cause  accru- 
ing at  the  discovery  of  the  fraud. 

Within  two  years. — All  actions  for  libel,  assault,  battery,  false 
imprisonment,  and  for  penalty  or  forfeiture  to  the  State. 

Within  one  year. — All  actions  against  individuals  by  the  State. 

In  cases  of  open  account,  the  cause  of  action  accrues  at  the  time 
of  the  last  item  in  the  account  on  the  adverse  side. 

Limitations  apply  to  actions  brought  by  the  State,  or  for  its 
benefit. 

A  promise  in  writing  is  necessary  to  revive  an  action  barred  by 
tho  statute. 


LIMITATION   OF   ACTIONS.  833 

Minors,  married  women,  lunatics,  and  prisoners.,  have  the  same 
periods,  respectively,  after  their  disability  is  removed. 

IOWA. — Actions  which  must  be  commenced  within  twenty  years 
after  the  cause  of  action  accrued. — All  actions  for  the  recovery  of 
real  estate.  The  judgment  of  any  court  of  record  may  bo  revived 
after  twenty  years,  by  giving  the  defendant  notice,  and  calling  upon 
him  to  show  cause  why  an  action  should  not  be  commenced. 

Within  six  years. — All  actions  of  debt  for  rent  or  money  founded 
upon  covenant  or  lease ;  of  debt  on  single  or  penal  bills,  promis- 
sory notes  ]  on  writings  obligatory  for  the  payment  of  money,  or 
the  delivery  of  property,  or  the  performance  of  contracts,  or  on  the 
award  of  arbitrators  for  the  payment  of  money  only ;  for  the  re- 
covery of  money  or  property  on*  promises  not  under  seal ;  and  all 
actions  on  accounts  between  merchants  on  account  of  merchandise. 

Within  jive  years. — All  actions  of  trespass  on  property ;  for 
taking,  detaining,  or  injuring  goods;  for  arrearages  of  rent 
promised  by  word  of  month ;  and  for  debts  due  on  running  ac- 
counts. 

Within  two  years. — All  actions  for  debts  due  on  accounts  be- 
tween retail  merchants  and  consumers.  . 

Within  one  year. — All  actions  for  trespass  on  personal  property  j 
for  libel  and  slander ;  and  for  assault,  battery,  false  imprisonment, 
and  malicious  prosecution. 

The  time  of  defendant's  absence  from  the  State  is  not  computed 
in  the  limitation. 

WISCONSIN. — Actions  which  must  be  commenced  within  twenty 
years  after  the  cause  of  action  accrued. — All  actions  for  the  recovery 
of  real  estate ;  all  actions  founded  on  judgments  or  decrees  of  courts 
of  record,  either  in  or  out  of  the  State. 

Within  six  years. — All  actions  of  debt  founded  oh  judgments  or 
decrees  of  courts  which  are  not  courts  of  record ;  for  arrears  of 
rent ;  on  contracts  for  money,  express  or  implied ;  for  waste ;  tres- 
pass on  land  ;  and  for  replevin,  and  all  other  actions  for  taking, 
detaining,  or  injuring  goods. 

Within  two  years. — All  actions  for  assault,  battery,  malicious 
prosecution,  false  imprisonment,  slander,  ancj  libel. 

In  all  cases  of  open  account,  cause  of  action  accrues  at  tho  time 
of  proof  of  the  last  item. 

Minors,  married  women,  lunatics,  and  prisoners,  have  the  same 
periods,  respectively,  after  the  removal  of  their  disability. 

CALIFORNIA. — Actions  which  must  be  commenced  within  five  years 
after  the  cause  of  action  accrued. — All  actions  for  the  recovery  ol 
real  estate ;  and  all  actions  on  judgments  or  decrees  of  courts  i» 
the  State,  )'p  in  any  of  the  United  States  or  Territories 


994  LIMITATION  OP  ACTIONS. 

Within  four  years. — All  aotions  founded  on  contracts,  obligations 
or  liabilities,  in  writing.  Actions  on  open  account  far  goods. 

Within  three  years. — All  actions  founded  on  liabilities,  other 
than  penalties  or  forfeitures ;  for  trespass  upon  real  estate ;  foi 
taking,  detaining,  or  injuring  goods  or  chattels;  for  the  recovery 
of  personal  property;  for  relief  on  the  ground  of  fraud;  the  cause 
of  action  accruing  upon  the  discovery  of  the  fraud. 

Within  two  years. — All  actions  on  contracts,  obligations,  or  lia- 
bilities, not  founded  on  instruments  in  writing. 

Within  one  year. — All  actions  founded  on  penalties  or  forfeitures, 
for  libel,  slander,  assault,  battery,  or  false  imprisonment;  and  for 
accounts  between  retail  merchants  and  consumers. 

In  all  eases  of  open  and  mutual  account,  the  cause  of  action 
accrues  from  the  time  of  the  last  item  proved. 

Minors,  married  women,  lunatics,  and  prisoners,  are  entitled  to 
the  same  periods,  respectively,  after  the  removal  of  their  disability. 

No  promise  or  acknowledgment  shall  be  sufficient  evidence  of  a 
new  or  continuing  contract,  whereby  to  take  the  case  out  of  tho 
statute,  unless  the  same  be  in  writing,  and  signed  by  the  party  to 
be  charged. 

MINNESOTA. — Action's  which  must  be  commenced  within  twen* 
years  after  the  cause  of  action  accrued. — All  actions  for  the  recoT 
ery  of  real  estate. 

Within  ten  years. — All  actions  upon  a  judgment  or  decree  of  a 
court  of  the  United  States;  or  of  any  State  or  territory  of  the 
United  States. 

Within  six  years. — All  actions  upon  contracts  or  other  obliga- 
tions, expressed  or  implied,  excepting  those  mentioned  in  the  last 
preceding  section;  all  actions  for  trespass  upon  real  property; 
all  actions  for  taking,  detaining,  and  injuring  personal  property, 
including  actions  for  the  specific  recovery  thereof;  all  actions  for 
criminal  conversation,  or  for  any  other  injury  to  the  person  or 
rights  of  another,  not  arising  on  obligation,  and  not  hereinafter 
enumerated.  All  actions  for  relief,  or  on  the  ground  of  fraud; 
the  cause  of  action  in  such  cases  not  to  be  deemed  to  have  ac- 
crued until  the  discovery  by  the  aggrieved  party  of  the  facts  con- 
stituting the  fraud. 

Within  three  years. — All  actions  against  a  sheriff,  coroner,  OP 
constable,  upon  the  liability  by  the  doing  of  an  act  in  their  official 
capacity,  or  by  the  omission  of  their  official  duty,  including  the 
failure  to  pay  moneys  collected  upon  an  execution. 

Within  two  years. — All  actions  for  libel,  slander,  assault,  battery, 
or  false  imprisonment. 

Within  one  year. — All  actions  against  a  sheriff,  or  other  officer, 
for  the  escape  of  a  person  arrested  or  imprisoned  by  a  civil  process ; 
all  actions  Drought  to  recover  the  balance  duo  upon  a  mutual, 


LIMITATION   OF   ACTIONS.  335 

8peu,  and  current  account,  the  cause  of  action  accrues  at  the  time 
of  proof  of  the  last  item. 

OREGON. — Actions  which  must  be  commenced  within  twenty  yeais. 
— All  actions  for  the  recovery  of  real  property,  and  for  tno  pos- 
session thereof. 

Within  ten  years. — All  actions  upon  a  judgment  or  decree  of 
any  court  of  the  United  States,  or  territories  of  the  United  States, 
and  all  actions  upon  a  scaled  instrument. 

Within  six  years. — All  actions  upon  a  contract  or  liability,  ex- 
press or  implied,  excepting  those  mentioned  above;  all  actions  for 
waste  or  trespass  upon  real  property;  all  actions  for  taking,  de- 
taining or  injuring  personal  property,  including  an  action  for  the 
specific  recovery  thereof;  all  actions  for  criminal  conversation,  or 
for  any  other  injury  to  the  person  or  rights  of  another,  not  herein- 
after enumerated.  All  actions  for  relief  on  the  ground  of  fraud, 
where  the  aggrieved  party  has  discovered  the  facts  constituting  the 
fraud. 

Within  three  years. — All  actions  against -a  sheriff,  coroner,  or 
sonstable,  upon  a  liability  incurred  by  the  doing  of  an  act  in  his 
official  capacity,  and  in  virtue  of  his  office.  All  actions  upon  a 
statute,  for  penalty  and  forfeiture,  "where  the  action  is  given  to  the 
party  aggrieved,  except  where  the  statute  imposing  it  prescribes  a 
different  limitation. 

Within  two  years. — All  actions  for  libel,  slander,  assault,  bat- 
tery, or  false  imprisonment ;  all  actions  upon  a  statute  for  a  for- 
feiture or  penalty  to  the  State. 

Within  one  year. — AH  actions  against  a  sheriff  or  other  officer, 
for  the  escape  of  a  prisoner  arrested  on  civil  process  ;  all  actions 
to  recover  a  balance  due  upon  a  mutual,  open,  and  current  account, 
from  the  time  of  the  last  item  proved  in  the  account  on  either  side. 

KANSAS. — Actions  which  must  ~be  commenced  within  twenty-one 
years  after  the  cause  of  action  accrued, — All  actions  for  the  recoy- 
ery  of  the  title  or  possession  of  lauds,  tenements  or  heredita- 
ments. 

Within  three  years. — All  actions  upon  a  speciality,  or  any 
agreement,  contract  or  promise  in  writing.  Also,  all  actions  not 
in  writing,  expressed  or  implied. 

Within  two  years. — All  actions  for  trespass  upon  real  property ; 
aL  actions  for  taking,  detaining  or  injuring  personal  property, 
including  actions  for  the  specific  recovery  of  personal  property. 

Within  one  year. — All  actions  for  libel,  slander,  assault  and 
battery,  malicious  prosecution  or  false  imprisonment. 

IXJ&BXASXA. — Actions  which  must  l)e  commenced  within  twenty -out 


336  LIMITATION   OP   ACTION. 

years. — All  actions  for  the  recoycry  of  the  title  or  possession  of 
lands,  tenements  or  hereditaments  can  only  be  brought  -within 
twenty-one  years  after  the  cause  of  such  action  shall  have  occurred. 

Within  five  years. — All  civil  actions  other  than  for  the  recovery 
of  real  property,  such  as  actions  upon  a  speciality,  or  any  agree- 
ment, contract  or  promise  in  -writing,  or  foreign  judgment. 

Within  four  years. — All  actions  upon  a  contract  not  in  writing, 
expressed  or  implied  ;  an  action  upon  a  liability  created  by  stat- 
ute other  than  a  forfeiture  or  penalty. 

Within  four  years. — Actions  for  trespass  upon  real  property; 
nctions  for  taking,  detaining  or  injuring  personal  property,  in- 
cluding actions  for  the  specific  recovery  of  personal  property ; 
actions  for  an  injury  to  the  rights  of  the  plaintiff,  not  arising  on 
contract,  and  hereinafter  enumerated ;  actions  for  relief  on  the 
ground  of  fraud,  but  the  cause  of  action  in  such  case  shall  not  be 
deemed  to  have  occurred  until  the  discovery  of  the  fraud. 

Within  one  year. — All  actions  for  libel,  slander,  assault  and 
battery,  malicious  prosecution  or  false  imprisonment;  actions 
upon  a  statute  for  a  penalty  or  forfeiture ;  but  where  the  statute 
giving  such  action  presents  a  different  limitation,  the  action  may 
be  brought  within  the  period  so  limited. 

NEVADA. — Action*  which  must  "be  commenced  within  ten  years 
after  the  cause  of  action  accrued. — All  claims  for  the  recovery  of 
lands,  or  the  issues  or  profits  thereof. 

Within  five  years. — All  actions  upon  a  judgment,  or  decree,  of 
any  court  of  the  United  States,  or  of  any  State,  or  Territory, 
within  the  United  States. 

Within  four  years. — All  actions  upon  any  contract,  obligation, 
or  liability,  founded  upon  an  instrument  of  writing. 

Within  three  years. — All  actions  upon  a  liability  created  by 
statute,  other  than  a  penalty,  or  forfeiture ;  all  actions  for  trespass 
upon  real  property ;  all  actions  for  taking,  detaining,  or  injuring, 
any  goods  or  chattels,  including  actions  for  the  specific  recovery 
of  personal  property ;  all  actions  for  relief,  on  the  ground  of 
fraud,  the  cause  of  action,  in  such  case,  not  to  be  deemed  to  have 
accrued  until  the  discovery,  by  the  aggrieved  party,  of  the  facts 
constituting  the  fraud. 

Within  two  years. — All  actions  upon  a  contract,  obligation,  or 
liability,  not  founded  upon  an  instrument  of  writing ;  all  actions 
against  a  Sheriff,  Coroner,  or  Constable,  upon  the  liability  in- 
curred by  the  doing  of  an  act  in  his  official  capacity,  and  in 
virtue  of  his  office,  or  by  the  omission  of  an  official  duty,  includ- 
ing the  non-payment  of  money  collected  upon  an  execution ;  all 
actions  for  libel,  slander,  assault,  battery,  or  false  imprisonment ; 
all  actions  upon  a  statute  for  a  forfeiture,  or  penalty,  to  the 
people  of  this  Territory ;  ail  actions  against  a  Sheriff,  or  other 


LIMITATION    OF    ACTION.  337 

officer,  for  the  escape  of  a  prisoner  arrested  or  imprisoned  on 
civil  process ;  all  actions  on  an  open  account  for  goods,  wares, 
and  merchandise,  sold  and  delivered,  and  for  any  article  chargccj 
in  a  store  account. 

COLORADO. — Actions  wJiich  must  be  commenced  within  six  years^ 
next  after  the  cause  of  action  shall  accrue,  and  not  afterwards :  All 
actions  of  debt  founded  upon  any  contract  or  liability  in  action ; 
all  actions  upon  judgments  rendered  in  any  court,  not  being  a 
,  .court  of  record ;  all  actions  for  arrears  of  rent ;  all  actions  founded 
on  any  contract  or  liability,  express  or  implied ;  all  actions  foi 
waste,  and  for  trespass  on  land ;  all  actions  of  replevin,  and  all 
other  actions  for  taking,  detaining,  or  injuring,  goods  or  chattels ; 
all  other  actions  on  the  case,  except  actions  for  slanderous  words, 
and  for  libels. 

Within  one  year. — All  actions  for  assault  and  battery,  and  for 
false  imprisonment,  and  all  actions  for  slanderous  words,  and  for 
libels. 

Within  six  months. — All  actions  against  Sheriffs,  or  other 
officers,  for  the  escape  of  persons  imprisoned  on  civil  process. 

In  all  actions  of  debt  or  assumpsit,  brought  to  recover  the 
balance  due  upon  a  mutual  and  open  account  current,  the  cause 
of  action  shall  be  deemed  to  have  accrued  at  the  time  of  the  last 
item  proved  in  such  account. 

All  personal  actions,  on  any  contract  not  limited  by  the  fore- 
going sections,  or  by  any  other  law  in  this  Territory,  shall  be 
brought  within  three  years  after  the  accruing  of  the  cause  of  ac- 
tion, and  not  afterwards. 

WASHINGTON. — Actions  which  must  be  brought  within  twenty 
years. — All  actions  for  tho  recovery  of  real  estate,  or  for  tho  re 
eovery  of  the  profession  thereof. 

Within  six  years. — All  actions  upon  a  judgment  or  decree  01 
any  court  of  the  United  States,  or  of  any  State  or  territory  within 
the  United  States ;  all  actions  upon  a  contract  in  writing,  or  lia- 
bility, express  or  implied,  arising  out  of  a  written  agreement;  all 
actions  for  tho  rents  and  profits,  or  for  the  use  and  occupation  of 
real  estate 

Within  three  years. — All  actions  for  waste  or  trespass  upon 
real  property ;  all  actions  for  taking,  detaining  or  injuring  person 
al  property,  including  actions  for  the  specific  recovery  thereof,  01 
for  any  other  injury  to  the  person  or  rights  of  another,  not  herein- 
after enumerated  ;  actions  upon  all  contracts,  express  cr  implied, 
which  aro  not  in  writing,  and  do  not  arise  out  of  any  written 
instrument ;  all  actions  for  relief  upon  the  ground  of  fraud,  the 
cause  of  action  in  such  case  not  to  be  deemed  to  have  accrued  un 
til  the  discovery  by  the  aggrieved  party  of  the  facts  constituting 
the  fraud  •  all  actions  against  a  sheriff,  coroner  or  constable,  for 


838  LIMITATION   OF   ACTION. 

non-payment  of  money  collected  upon  an  execution ;  all  actions 
for  seductions  and  breach  of  marriagn  contract. 

Within  one  year. — All  actions  for  libel,  slander,  assault,  assault 
and  battery,  and  false  imprisonment ;  all  actions  upon  a  statute  for 
a  forfeiture  or  penalty  to  the  territory ;  all  actions  for  relief,  not 
hereinbefore  provided  for,  shall  be  commenced  within  two  years 
after  the  cause  of  action  shall  have  accrued.  In  all  actions  brought 
to  recover  a  balance  due  upon  a  mutual,  open,  and  current  account 
the  cause  of  action  shall  be  deemed  to  have  accrued  from  the  tin* 
of  the  lest  item,  proved  in  the  account  on  either  side. 


LIEN  LAWS.  S3 9 


LIE1ST    LAWS. 

. — All  mechanics  working  on  a  vessel  finished,  or  on  the 
stocks,  shall  have  a  lien  on  such  vessel  until  four  days  after  such 
vessel  is  launched  and  ready  for  sailing,  and  may  secure  the  same 
by  attachment,  which  takes  precedence  of  other  attachments. 

Any  person  performing  labor,  or  furnishing  materials  for  erect- 
ing, altering,  or  repairing  any  house  or  other  building,  by  order 
of  the  owner  thereof,  shall  have  a  lien  upon  the  same  for  ninety 
days  from  the  time  such  payments  become  due,  to  secure  the 

Eayment  for  such  labor  or  materials.  He  may  secure  the  same 
y  attachment,  which  takes  precedence  of  all  others. 

NEW  HAMPSHIKE. — Any  person  performing  labor  on  a  build- 
ing, or  furnishing  materials  for  the  construction,  repairing,  or 
altering  the  same,  shall  have  a  lien  thereon  for  the  space  of  thirty 
days  after  the  payment  of  said  labor  or  materials  shall  become 
due  for  such  contracts,  providing  the  order  or  contract  for  the 
same  is  in  writing,  and  a  true  copy  thereof  left  with  the  town 
clerk.  Such  lien  may  be  secured  by  an  attachment,  which  shall 
have  precedence  of  all  other  attachments,  except  there  be  a  prior 
mortgage  on  the  land  on  which  the  house  is  situated,  in  which 
case  the  prior  mortgage  has  the  preference. 

Any  person  furnishing  labor  or  materials  for  the  construction, 
altering,  or  repairing  of  a  vessel,  shall  have  a  lien  therefor  on 
such  vessel  for  the  space  of  four  days  after  such  vessel  is  finished. 
This  lien  may  be  secured  by  attachment,  which  shall  take  pre- 
cedence of  all  attachments,  except  a  lien  for  mariners'  wages. 

Any  person,  to  whom  any  horses,  cattle,  sheep,  or  other  domes- 
tic animals,  shall  be  entrusted  to  be  pastured  or  boarded,  shall 
have  a  lien  upon  said  animals  for  all  proper  charges  due  for  such 
pasturing  or  board,  until  said  person  voluntarily  relinquishes  the 
possession  of  said  animals,  and  any  person,  to  whom  said  animals 
shall  be  so  entrusted,  may  detain  the  same  until  payment  or 
tender  of  the  amount  due  for  such  pasturing  or  board. 

VERMONT. — Any  person  who  shall  perform  any  labor,  or  fur- 
nish any  materials  in  this  State  for  or  towards  the  building, 
repairing,  fitting,  or  furnishing  any  ship,  vessel,  or  steamboat, 
shall  have  a  lien  on  the  same  for  his  wages  and  materials  so  fur- 
nished, until  eight  months  after  such  vessel  or  steamboat  shall 
be  completed,  and  may  secure  the  same  by  attachment  on  such 
ship,  vessel  or  steamboat,  which  attachment  shall  have  prece- 
dence of  all  other  attachments  and  claims. 

Before  such  lien  shall  attach  or  be  in  force,  such  person  shall 
have  a  just  and  legal  claim  for  his  services  performed,  or  mate- 
rials furnished,  as  aforesaid,  and  shall  demand  payn  cut  of  the 
game  of  the  owner,  agent,  contractor,  or  person  in  whose  caro 
such  ship,  vessel,  or  steamboat  may  be ;  and  in  case  such  pers^a, 


340  LIEN  LAWS. 

naving  a  lien  as  aforesaid,  shall  demand  more  than  is  due  to 
him,  such  owner,>igent,  contractor  or  person  in  whose  care  such 
ship,  vessel,  or  steamboat  may  be,  may  tender  or  pay  to  such 
person  the  just  and  full  amount  due  him  for  his  labor  or  mate- 
rials furnished  as  aforesaid,  and  fully  and  absolutely  discharge 
Biich  lien. 

When  any  contract  or  agreement  shall  hereafter  be  made, 
whether  in  writing  or  not,  for  erecting,  repairing,  or  altering 
any  house  or  other  building  in  this  State,  or  for  furnishing  labor 
or  materials  for  the  purposes  aforesaid,  the  person  proceeding 
in  pursuance  of  such  contract  or  agreement  shall  have  a  lien 
to  secure  the  payment  of  the  same  upon  such  house  or  building, 
and  the  lot  of  land  on  which  the  same  stands ;  and  the  lien 
hereby  created  shall  continue  in  force  for  the  space  of  three 
months  from  the  time  when  payment  shall  become  due  for  the 
work,  labor,  or  materials  furnished  as  aforesaid  :  Provided,  how- 
ever, that  no  lien  shall  attach  thereto  until  the  person  claiming 
the  lieu  shall  have  filed  and  caused  to  be  recorded,  in  the  town 
clerk's  office  of  the  town  where  such  house  or  other  building  is 
situated,  a  written  memorandum,  by  him  signed,  asserting  such 
claim,  which  shall  be  sufficient  to  charge  such  real  estate  with 
such  lien  agreeably  to  the  provisions  of  this  chapter. 

Within  three  months  after  payment  shall  become  due  to  him 
under  such  contract,  such  person  may  commence  his  action  for 
the  same,  and  cause  said  house  or  other  building  to  be  attached 
thereon  in  due  course  of  law  ;  and  if  he  shall  obtain  judgment 
in  the  suit  so  instituted,  the  record  of  such  judgment  shall 
embrace  a  brief  statement  of  the  contract  upon  which  the  same 
was  founded :  and  the  plaintiff  may,  within  five  months  after 
the  date  of  such  judgment,  cause  a  certified  copy  of  the  record 
of  such  judgment  to  be  recorded  in  the  town  clerk's  office  of 
the  town  where  such  house  or  other  building  is  situated ;  and 
such  house  or  other  building  shall  be  thereupon  holden  for  the 
amount  due  upon  such  judgment,  together  with  the  costs  of  tho 
copy  of  the  record  of  the  judgment  and  recording,  in  the  same 
manner  as  if  it  had  been  mortgaged  for  the  payment  of  the 
same,  from  the  time  the  copy  of  the  contract  and  declaration 
were  lodged  in  the  town  clerk's  office  as  herein  provided;  and 
fhe  plaintiff  shall  'have  the  same  remedy  to  obtain  possession, 
and  to  foreclose  the  defendant's  equity  of  redemption,  and  per- 
fect his  own  title,  as  in  case  of  a  mortgage. 

Machinery  attached  to  or  used  in  any  shop,  mill,  printing 
office,  or  factory,  may  be  hereafter  mortgaged  by  deed,  executed, 
acknowledged,  and  recorded  in  the  same  manner  as  deeds  of 
real  estate ;  and  when  so  executed,  acknowledged,  and  recorded^ 
shall  have  the  same  effect. 

Mortgages  of  such  machinery  may  be  assigned,  discharged^ 


LIEN  LAW8.  341 

or  foreclosed  in  the  same  manner  as  is  provided  by  law  fol 
the  assignment,  discharge,  or  foreclosure  of  mortgages  of  real 
estate. 

MASSACHUSETTS. — Any  person  furnishing  labor  or  materials 
for  constructing,  repairing,  altering  or  equipping  any  vessel,  shall 
have  a  lien  therefor  upon  the  same,  and  such  lien  shall  take 
precedence  of  all  other  liens  except  mariners'  wages.  When, 
however,  the  vessel  departs  from  the  port  where  the  debt  was 
contracted,  to  some  other  port  within  the  State,  such  debt  shall 
cease  to  be  lien  at  the  expiration  of  twenty  days  from  her  de- 
parture ;  and  in  all  cases  such  debts  shall  cease  to  be  a  lien  after 
the  vessel  shall  have  arrived  at  any  port  out  of  the  State. 

Any  person  who  shall  actually  perform  labor  in  erecting, 
altering  or  repairing  any  building  or  structure  upon  real  estate, 
or  shall  furnish  materials  actually  nsed  for  the  same,  by  virtue 
of  any  agreement  with,  or  consent  of  the  owner  thereof,  or  other 
person  having  authority  or  acting  for  such  owner  to  procure 
tabor  or  furnish  materials  in  his  behalf,  shall  have  a  lien  upon 
such  building  or  structure,  and  upon  the  interest  of  the  owner 
of  the  building  and  structure,  in  the  lot  of  land  upon  which 
the  same  is  situated,  to  secure  the  payment  of  the  amount  duo 
to  him  for  such  labor  or  materials.  Such  lien  shall  be  dissolved 
unless  the  person  who  may  desire  to  avail  himself  thereof  shall, 
within  thirty  days  after  he  shall  cease  to  labor  on,  or  furnish 
materials  for  such  building  or  structure,  file  in  the  office  of  the 
clerk  of  the  city  or  town  in  which  the  same  is  situated,  a  state- 
ment of  a  just  and  true  account  of  the  amount  due  to  him,  with 
all  just  credits  given,  together  with  a  description  of  the  pro- 
perty intended  to  be  covered  by  the  lien,  sufficiently  accurate 
for  identification,  with  the  name  of  the  owner  or  owners  of  the 
property,  if  known,  which  certificate  shall  be  subscribed  and 
sworn  to  by  the  person  claiming  the  lien,  or  by  some  one  in  his 
behalf.  Such  lien  shall  be  dissolved  at  the  expiration  of  ninety- 
days  from  the  day  it  is  recorded,  unless  suit  shall  have  been 
commenced  within  that  time  for  the  amount  of  the  debt. 

In  a  case  where  a  number  of  persons  have  performed  labor 
on  a  vessel  or  building,  they  may  all  join  in  the  same  petition 
for  their  respective  liens,  and  the  same  proceedings  shall  be  had 
in  regard  to  the  rights  of  each  as  if  he  had  petitioned  for  his 
individual  lien. 

Such  liens  may  be  enforced  by  a  petition  to  the  Superior  Court 
for  the  county  where  the  property  to  which  the  Ken  attaches  is 
situate. 

When  the  amount  of  the  claim  does  not  exceed  one  hundred 
dollars,  the  lien  may  be  enforced  by  petition  to  a  justice  of  tho 
peace  or  police  court ;  and  such  justices  and  courts  shall  have 


342  LIEN  LAWS. 

like  power  and  authority  within  their  jurisdiction  as  are  herein 
conferred  upon  the  Superior  Court,  with  like  rights  of  appeal 
to  the  parties  as  exist  in  other  civil  cases. 

Whether  filed  as  a  petition,  or  inserted  in  a  summons,  the  peti- 
tion shall  contain  a  brief  statement  of  the  contract  on  which  it 
is  founded,  and  of  the  amount  due  thereon,  with  a  description 
of  the  premises  subject  to  a  lien,  and  all  other  material  facts  and 
circumstances ;  and  shall  pray  that  the  premises  may  be  sold, 
and  the  proceeds  of  the  sale  be  applied  to  the  discharge  of  the 
demand. 

RHODE  ISLAND. — Any  person  furnishing  labor  or  materials  for 
constructing,  altering  or  repairing,  on  written  contract  with  the 
owner  or  his  agent,  any  building,  canal,  turnpike,  railroad  or 
other  improvement,  shall  have  therefor  a  lien,  which  shall  take 
precedence  of  all  subsequent  liens ;  the  building,  or  other  im- 
provement, as  the  case  may  be,  and  the  land  on  which  it  is 
situate,  standing  pledged  for  the  debt  for  the  term  of  four 
months  from  the  completion  of  the  work,  when  it  shall  cease, 
unless  legal  action  be  previously  taken  to  enforce  payment  of 
the  debt.  Persons  performing  labor  on  such  building,  or  other 
improvement,  can  have  no  lien  upon  the  same,  unless  he  shall, 
within  thirty  days  after  commencing  the  work,  give  notice  in 
•writing  to  the  owner  of  the  property  that  he  has  commenced  the 
work,  and  that  he  designs  to  claim  the  benefit  of  the  lien  created 
by  this  act.  But  this  lien  will  cease  at  the  expiration  of  four 
months  from  the  serving  of  such  notice,  unless  legal  action  shall 
be  previously  taken  to  enforce  the  payment  of  the  claim. 

All  steam  engines  in  all  their  parts,  and  all  boilers,  kettles  or 
vats  made  of  iron,  copper,  wood  or  other  materials,  whether  set 
in  brick  or  stone,  or  not  so  set ;  and  all  water-wheels,  gearing  or 
shafting,  in  any  mill  or  building,  and  there  used  or  intended  to 
be  used  ;  and  all  steam-pipes,  gas-pipes,  and  water-pipes,  cocka 
and  eave-troughs  made  of  copper  or  other  metal,  attached  tc 
any  mill  or  other  building,  shall,  for  all  the  purposes  of  lien,  be 
considered  and  treated  as  parts  of  such  mill  or  other  building. 

CONNECTICUT. — Any  person  furnishing  labor  or  materials  for 
the  construction  of  any  building,  alterations  or  repairs,  exceed- 
ing the  sum  of  twenty-five  dollars,  shall  have  a  lien  on  such 
building,  and  on  the  land  on  which  it  is  situate ;  and  such  lien 
shall  take  precedence  of  all  subsequent  liens,  and  the  premises 
so  held  shall  be  liable  to  foreclosure  by  such  person,  as  if  held 
by  a  mortgage.  Such  lien  may  remain  for  sixty  days,  when  it 
shall  cease,  unless  the  person  holding  it  shall  previously  have 
lodged  with  the  town  clerk  a  written  certificate  of  the  amount 
of  his  claim,  the  date  of  the  commencement  of  the  same,  and 
an  intelligible  description  of  the  premises  against  which  it  in 


LIEN  LAWS.  843 

held,  the  same  being  subscribed  and  sworn  to  as  the  amount 
justly  due,  as  nearly  as  the  same  can  be  ascertained.  This  cer- 
tificate shall  be  recorded  by  the  Town  Clerk  with  deeds  of  land. 
This  lien  is  good  against  all  subsequent  claims  by  other  parties. 

NEW  YORK. —  On  Vessels. — Whenever  a  debt,  amounting  to  fifty 
dollars  or  upwards,  as  to  a  sea-going  or  ocean-bound  vessel,  or 
amounting  to  fifteen  dollars  or  upwards,  as  to  any  other  vessel,  shall 
be  contracted  by  the  master,  owner,  charterer,  builder,  or  consignee, 
of  any  ship  or  vessel,  or  the  agent  of  either  of  them,  within  this 
State,  for  either  of  the  following  purposes  : 

1st,  On  account  of  work  done,  or  materials,  or  other  articles  fur- 
nished in  this  State,  for  or  towards  the  building,  repairing,  fitting, 
furnishing,  or  equipping  such  ship  or  vessel. 

2d,  For  such  provisions  and  stores  furnished  within  this  State,  as 
may  be  fit  and  proper  for  the  use  of  such  vessel,  at  the  time  when 
the  same  were  furnished. 

3d,  On  account  of  the  wharfage  and  expenses  of  keeping  such 
vessel  in  port,  including  the  expense  incurred  in  employing  persons 
to  watch  her. 

4th,  On  account  of  loading  or  unloading,  or  for  advances  made 
for  the  purpose  of  procuring  necessaries  for  such  ship  or  vessel,  or 
for  the  insurance  thereof. 

5th,  Or  whenever  a  debt  amounting  to  twenty-five  dollars  or  up- 
wards shall  be  contracted  as  aforesaid,  within  this  State,  on  account 
of  the  towing  or  piloting  such  vessel,  or  on  account  of  the  insurance 
or  premiums  of  insurance  of  or  on  such  vessel,  or  her  freight, — such 
debt  shall  be  a  lien  upon  such  vessel,  her  tackle,  apparel,  and  furni- 
ture, and  shall  be  preferred  to  all  other  liens  thereon,  except  mari- 
ner's wages. 

Such  debt  shall  cease  to  be  a  lien  at  the  expiration  of  six  month? 
after  the  said  debt  was  contracted,  unless  at  the  time  when  said  six 
months  shall  expire  such  ship  or  vessel  shall  be  absent  from  the 
port  at  which  such  debt  was  contracted,  in  which  case  the  said  lien 
shall  continue  until  the  expiration  of  ten  days  after  such  ship  or 
vessel  sjmll  next  return  to  said  port ;  and  in  all  cases  such  deM 
shall  cease  to  be  a  lien  upon  such  ship  or  vessel,  whenever  such 
ship  or  vessel  shall  leave  the  port  at  which  such  debt  was  con- 
tracted, unless  the  person  having  such  lien  shall,  within  twelve  days 
after  such  departure,  cause  to  be  drawn  up  and  filed  specifications 
of  such  lien,  which  may  consist  either  of  a  bill  of  particulars  of  the 
demand,  or  a  copy  of  any  written  contract  under  which  the  work 
may  be  done,  with  a  statement  of  the  amount  claimed  to  be  due 
from  such  vessel,  the  correctness  of  which  shall  be  sworn  to  by  such 
person,  his  legal  representative,  agent,  or  assigns. 

The  above  section,  it  was  ordered  by  an  amendment  passed  May 
4th,  1863,  shall  not  apply  to  vessels  navigating  the  western  and 
northwestern  lakes,  or  either  or  any  of  them.  Any  deot  contracted 
by  the  master,  owner,  charterer,  builder,  or  consignee,  of  any  ship 


S44  LIEN  LAWS. 

or  vessel  na\  igating  such  lakes,  or  either  of  them,  shall  3ease  to  be 
a  lien  at  the  expiration  of  six  months  after  the  first  of  January  next 
succeeding  the  time  such  debt  shall  have  been  contracted,  unless 
during  the  said  six  months,  such  ship  or  vessel  shall  be  absent  from 
the  port  at  which  such  debt  was  contracted,  in  which  case  the  said 
lien  shall  continue  until  the  expiration  of  ten  days  after  such  ship 
or  vessel  shall  next  return  to  said  port.  In  all  cases  such  debt 
shall  cease  to  be  a  lien  upon  such  ship  or  vessel,  unless  the  person 
having  such  debt  shall,  by  the  first  Tuesday  of  February  next  suc- 
ceeding the  time  such  debt  shall  have  been  contracted,  cause  to  be 
drawn  up,  verified,  and  filed,  specifications  ef  such  debt,  in  the  form 
and  comprising  the  statements  prescribed  as  aforesaid. 

Such  specifications  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  in  which  such  debt  shall  have  been  contracted,  except  that 
when  such  debt  shall  have  been  contracted  in  either  of  the  counties 
of  New  York,  Kings,  or  Queens,  such  specifications  shall  be  filed  in 
the  office  of  the  clerk  of  the  city  and  county  of  New  York. 

Any  person  having  a  lien  upon  any  ship  or  vessel  for  any  debc 
contracted  for  any  of  the  purposes  hereinbefore  specified,  ma}*  make 
application  to  any  officer  authorized  by  law  to  perform  the  duties  of 
a  justice  of  the  Supreme  Court  at  chambers  in  the  county  within 
which  such  ship  or  vessel  shall  then  be,  for  a  warrant  to  enforce 
the  said  lien,  and  to  collect  the  amount  thereof.  Such  application 
shall  be  made  in  writing,  and  shall  exhibit  and  specify : 

1st,  By  whom  and  when  such  debt  was  contracted,  and  for  what 
ship  or  vessel ;  2d,  The  items  composing  such  debt ;  3d,  The 
amount  claimed,  and  that  the  same  is  justly  due  to  the  person  in 
whose  behalf  the  application  is  made,  over  and  above  all  payments 
and  just  "deductions  ;  4th,  Any  assignment  or  transfer  of  such  debt, 
if  any  such  has  taken  place  since  the  same  was  contracted ;  5th, 
When  and  where  the  specification  of  such  debt  was  filed.  Such 
application  shall  be  verified  by  the  affidavit  of  the  creditor,  or  of  the 
person  making  the  application  or  of  his  or  their  a^ent  in  that 
behalf. 

The  officer  to  whom  such  application  shall  be  made,  sliall  there- 
upon issue  a  warrant  to  the  sheriff,  specifying  the  amount  of  the 
claim,  and  the  names  of  the  persons  making  such  claim,  and  com- 
manding him  to  attach,  seize,  and  safely  keep  said  ship  or  vessel, 
her  tackle,  apparel,  and  furniture,  to  satisfy  such  claim,  if  estab- 
lished, to  be  a  lien  upon  such  vessel,  according  to  law,  and  to  make 
return  of  his  proceedings  under  such  warrant  to  the  officer  who 
issued  the  same,  within  ten  days  after  such  seizure. 

The  person  applying  for  such  warrant,  after  giving  the  necessary  un- 
dertaking required  by  law,  shall,  within  three  days  after  the  issuing 
thereof,  cause  a  notice  to  be  published  once  in  each  week  for  four  suc- 
cessive weeks  in  some  newspaper  published  in  the  county  in  which 
iucli  vessel  may  Ihen  be,  or,  if  no  newspaper  be  so  published  in  such 


LIEN  LAWS,  §46 

county,  then  in  the  nearest  county  in  which  a  newspaper  shall  be 
so  published,  setting  forth  that  such  warrant  has  been  issued,  the 
amount  of  the  claim  specified  therein,  and  that  such  vessel  will  be 
sold  for  the  payment  of  the  claims  against  her,  unless  the  master, 
owner,  or  consignee  thereof,  or  some  person  interested  therein, 
appear  and  discharge  such  warrant  according  to  law,  within  thirty 
days  from  the  first  publication  of  such  notice. 

On  Buildings. — Any  person  furnishing  labor  or  materials  for  con- 
structing, altering,  or  repairing  any  building,  shall  have  a  lien  there- 
for to  the  value  of  the  sum  agreed  to  upon  the  same,  to  the  extent 
of  the  right,  title,  and  interest  in,  of,  and  to  the  same,  by  the  party 
cub  ploy  ing  him  ;  provided  the  person  furnishing  such  labor  or  ma- 
terials shall,  within  thirty  days  tifter  the  performance  and  comple- 
tion of  such  labor,  or  the  final  furnishing  of  such  materials,  cause 
to  be  drawn  up  and  deposit  in  the  hands  of  the  county  clerk  of  the 
town  where  the  property  is  located,  specifications  of  the  work  con- 
tracted to  be  performed,  or  materials  to  be  furnished,  and  stating 
the  price  or  prices' a  greed  to  be  paid  therefor,  the  name  of  the  owner 
of  the  building,  and  the  situation  of  the  building  by  street  and 
number,  if  the  street  be  known. 

This  lien  shall  take  effect  from  the  time  of  depositing  the  same  in 
the  office  of  the  county  clerk,  and  shall  continue  in  force  for  tho 
term  of  twelve  months. 

Any  contractor,  sub-contractor,  or  laborer  performing  any  work, 
>r  assignee  thereof,  and  any  resident  of  said  county  furnishing  any 
materials  as  above  provided,  may,  after  such  labor  has  been  per- 
formed, or  materials  furnished,  and  the  service  of  the  notice  required 
above,  bring  an  action  in  the  Superior  Court  in  the  county  in  which 
the  property  is  situated,  or  in  the  county  court  of  said  county,  when 
the  amount  exceeds  fifty  dollars,  to  enforce  said  lien,  v  hich  said 
action  shall  be  commenced  by  serving  a  notice  containing  a  state- 
ment of  the  facts  constituting  the  claim,  and  the  amount  thereof,  on 
the  owner  of  the  property,  or  his  agent,  requiring  the  said  owner  to 
appear  in  person  or  by  attorney  within  thirty  days  after  such  ser- 
vice, and  answer  the  same,  and  serve  a  copy  of  such  answer,  together 
with  a  notice  of  any  set-off  that  he  may  have  on  the  claimant  or  his 
attorney  ;  or  in  default  thereof,  that  the  claimant  will  take  judgment 
against  the  said  owner  for  the  amount  claimed  to  be  due  for  the 
labor  performed  or  the  materials  furnished,  with  interest  thereon 
and  costs  ;  and  for  the  purpose  of  more  effectually  transacting  tho 
business  contemplated  by  this  act,  said  Supreme  Court  and  County 
Court  shall  be  deemed  to  be  always  open. 

Within  thirty  days  after  the  service  of  such  notice  and  bill  of  par- 
ticulars,  the  defendant  shall  personally  serve  the  claimant  or  his 
attorney  with  a  copy  of  his  answer  and  notice  of  set-off,  if  any  he 
has,  duly  verified  by  the  oath  of  the  owner,  his  agent,  or  contractor, 


346  LIEN  LAWS. 

to  the  effect  that  the  same  is  in  all  respects  true,  or  his  default  may 
be  entered  and  judgment  taken  and  enforced. 

When  the  amount  of  the  lien  claimed  is  for  one  hundred  dollars 
or  under,  the  claimant  may  commence  such  action  in  a  Justice's 
Court  of  the  town  in  which  the  building  is  located,  by  serving  a 
notice  upon  the  owner  or  his  agent  any  where  within  this  State, 
requiring  such  owner  to  appear  before  a  justice  of  the  town  in  which 
the  property  is  situated,  which  said  notice  shall  contain  a  statement 
of  the  facts  constituting  the  claim,  and  the  amount  thereof,  and  shall 
require  such  owner  to  appear  before  said  justice  in  person  or  by 
attorney  at  a  time  certain,  not  less  than  thirty  days  after  such  ser- 
vice, and  answer  the  same,  or  in  default  thereof,  that  the  claimant 
will  take  judgment  against  such  owner  for  the  amount  so  claimed 
to  be  due,  with  interest  thereon  and  costs. 

Any  laborer  performing  such  labor  for  a  contractor  may,  within 
thirty  days  after  such  labor  has  been  performed,  and  claiming  to 
have  a  lien  therefor,  produce  and  deliver  to  the  owner  or  his  agent 
a  statement  in  writing,  signed  by  himself  and  the  said  contractor, 
specifying  how  much  is  due  to  such  person  for  such  labor  done  ;  or 
in  default  of  so  doing,  shall  take  the  necessary  proceedings  against 
such  contractor  to  procure  a  settlement  of  the  amount  due.  Tho 
amount  so  ascertained  to  be  due  shall  be  paid  by  the  owner,  and  the 
same  shall  be  deemed  to  be  a  payment  by  the  owner  on  the  contract 
made  with  such  owner  or  his  agent. 

In  the  City  of  New  York,  any  person-  or  persons  who  shall 
hereafter,  as  contractor,  laborer,  workman,  merchant,  or  trader, 
in  pursuance  of,  or  in  conformity  with,  the  terms  of  any  con- 
tract with  or  employment  by  the  owner,  or  by  or  in  accordance 
with  the  directions  of  the  owner  or  his  agent,  perform  any 
labor  or  Burnish  any  materials  towards  the  erection  of,  or  in 
altering,  improving  or  repairing  of  any  building  or  buildings, 
or  the  appurtenances  thereto,  shall  have  a  lien  for  the  value  of 
such  labor  and  materials,  or  either,  upon  such  house  and  the 
appurtenances  and  lot  on  which  the  same  shall  stand,  to  the  full 
value  of  such  claim  or  demand,  and  to  the  extent  of  the  right, 
title,  and  interest  then  existing  of  the  owner  of  said  premises 
in  favor  of  every  person  or  persons  who  shall  be  employed  by 
any  owner,  contractor,  sub-contractor,  jobber,  or  master  work- 
man in  manner  aforesaid,  and  notwithstanding  any  sale,  transfer 
or  incumbrance  made  or  incurred  at  any  time  after  the  com 
mencement  of  the  work  or  furnishing  materials  ;  provided  that  at 
any  time  before  the  whole  work  is  completed,  or  within  three 
months  after  the  work  is  done  or  the  materials  furnished,  for 
which  a  lien  is  sought,  if  the  work  is  then  finished  or  abancU 
oned,  any  claimant  tile  with  the  county  clerk  a  notice,  stating 
the  residence  of  the  claimant,  verified  by  his  oath  or  affirma- 
tion, stating  the  amount  claimed,  from  whom,  and  to  whom 


LIEW   LAWS.  34 Y 

Aue,  with  a  brief  description  of  the  premises,  by  street,  number, 
or  a  diagram  of  boundary,  or  by  a  reference  to  maps  open  to 
the  public,  so  as  to  furnish  information  to  persons  examining 
titles,  and  the  supposed  owner,  although  no  error  in  the  owner's 
name  shall  impair  the  validity  of  the  lien.  The  clerk  shall  enter 
in  a  lien  docket  the  name  and  residence  of  the  claimant,  the 
person  against  whom  claimed,  the  amount,  and  the  date  of 
filing,  the  street  and  particular  place  where  located,  and  he  shall 
receive  ten  cents  on  filing  the  same.  He  shall  also  enter  on  this 
docket  a  notice  that  a  suit  is  commenced  thereon,  upon  a  notice  t 
of  that  fact  and  affidavit  of  service  being  filed  with  him,  for 
which  he  shall  receive  five  cents.  The  county  clerk  shall  make 
searches  for  such  liens  on  being  furnished  with  a  proper  descrip- 
tion of  any  property  and  without  reference  to  the  individuals 
against  whom  the  lien  is  filed,  his  fees  to  be  five  cents  per  year 
for  the  time  embraced  in  said  search. 

Any  person  or  persons  having  filed  a  notice  of  lien,  may,  in 
ten  days  thereafter,  institute  a  proceeding  to  enforce  or  foreclose 
the  lien,  and  any  owner  or  other  person  interested  may  also 
commence  such  proceedings,  and  every  person  or  persons  who 
have  filed  liens  shall  be  parties  to  and  have  notice  of  the  said 
proceedings,  and  before  final  judgment,  shall  be  notified  to 
appear  and  join  in  the  said  proceedings,  such  notice  to  be 
served  at  least  five  days  before  the  entering  of  said  judgment. 
Where  the  aggregate  of  liens  shall  be  less  than  five  hundred 
dollars  the  said  proceedings  may  be  had  before  any  court  in  the 
said  city,  and  where  they  exceed  that  sum,  when  the  proceed- 
ings are  commenced,  the  action  shall  be  conducted  in  a  court  of 
record  having  equity  jurisdiction,  and  none  of  the  courts  in  the 
said  city  shall  be  deprived  of  jurisdiction  by  reason  of  the  resi- 
dence of  any  parties  elsewhere,  and  service  of  process  in  such 
actions  may  be  by  publication  as  to  any  of  the  parties  not  resid- 
ing in  this  State,  or  who  may  have  removed  therefrom. 

Liens  shall  in  all  cases  cease  after  one  year,  unless  by  order  of 
court  the  lien  is  continued  and  a  new  docket  made  stating  such 
fact  without  a  discharge  of  the  lien. 

All  former  acts  giving  liens  in  the  City  of  New  YorJc  to 
mechanics  and  others  erecting  buildings  in  the  City  of  New 
York  are  repealed,  except  so  far  as  may  be  necessary  to  carry 
into  eifect  liens  acquired  before  this  act  takes  effect,  and  any 
person  or  persons  performing  work  or  furnishing  materials  under 
any  contract  made  prior  to  July  first,  eighteen  hundred  and 
sixty-three,  may  thereafter  acquire  a  lien  therefor  pursuant  to 
.  the  provisions  of  this  act. 

No  transfer  or  .assignment  of  his  interest  in  the  contract  by 
the  contractors  shall  be  valid  as  against  parties  entitled  to  file 
liens  under  said  contract  against  said  contractor. 


348  LIEN  LAWS. 

For  the  purposes  of  this  act,  any  person  or  persons  who 
have  sold  or  disposed  of  his  or  their  lands  upon  an  executory 
contract  of  purchase  contingent  upon  the  erection  of  buildings 
thereon  shall  be  deemed  the  owner  and  his  vendee  the  contrac- 
tor, and  said  owner  shall  in  all  respects  be  subject  to  the  pro- 
visions of  this  act. 

This  act  shall  take  effect  on  the  first  day  of  July,  eighteen 
hundred  and  sixty-three. 

In  tlie  counties  of  Kings  and  Queens. 

Any  person  who  shall  perform  any  labor  or  furnish  materials 
in  building,  altering  or  repairing  any  house,  building  or  other 
improvement  upon  lands  or  appurtenances  to  such  house 
or  building,  by  virtue  of  any  contract  with  the  owner  thereof, 
or  his  agent,  or  with  any  contractor  or  sub-contractor,  or  any 
person  permitted  by  the  owner  of  such  lands  to  build,  repair, 
alter,  or  improve  as  aforesaid,  within  the  counties  of  Kings  or 
Queens,  shall  have  a  lien  therefor  to  the  value  of  the  sum  agreed 
to  upon  the  same,  to  the  extent  of  the  right,  title,  and  interest 
at  that  time  existing,  of  such  owner;  provided  that  within 
three  months  after  the  performance  of  such  labor,  or  the  fur- 
nishing of  such  materials,  the  contractor,  sub-contractor,  laborer, 
person  furnishing  materials,  or  other  claimant,  shall  serve  a 
notice  in  writing  upon  the  county  clerk  of  the  county  or  coun- 
ties aforesaid,  in  which  the  land  and  premises,  or  any  portion 
thereof,  may  be  situated,  specifying  the  amount  of  the  claim 
and  the  person  against  whom  the  claim  is  made,  the  name  of 
the  owner  of  the  building,  and  the  situation  of  the  building  by 
its  street  and  number,  if  the  number  be  known.  The  said 
county  clerk  shall  enter  the  particulars  of  such  notice  in  a  book 
to  be  kept  in  his  office,  to  be  called  "  the  lien  docket."  A  fee 
of  ten  cents  shall  be  paid  to  the  county  clerk  on  filing  such  lien. 
A  copy  of  said  notice  shall  be  served  on  said  owner  by  delivering 
the  same  personally,  when  possible,  or  if  he  be  out  of  this  State 
by  delivering  the  same  to  his  agent  personally ;  and  after  such 
service  such  owner  shall  not  be  protected  in  any  payments  made 
by  him  to  such  contractor  or  other  claimant  in  this  section 
specified. 

Every  lien  created  under  this  act  shall  continue  until  the 
expiration  of  one  year  from  the  creation  thereof,  and  until 
judgment  rendered  in  any  proceedings  for  the  enforcement 
thereof. 

Any  claimant,  under  or  by  virtue  of  any  such  lien  or  any  such 
notice,  may,  after  such  labor  has  been  performed  or  materials 
furnished,  and  after  the  filing  of  such  notice,  enforce  or  bring 
to  U  close  such  lien,  by  a  civil  action  in  a  court  of  record  in  tha 


LIEN   LAWS    OF   THE    DIFFERENT   STATES.  349 

cifcy  or  county  in  which  such  lands  or  any  portion  of  them  may 
bo  situated,  a*,  a  certain  date  within  thirty  days  of  the  service 
of  such  notice,  and  submit  to  a  settlement  in  such  court  of  the 
amount  claimed  to  be  due. 

When  the  action  or  proceedings  are  commenced  by  a  person 
having  a  claim  against  a  contractor,  with  the  owner,  or  against 
a  sub-contractor  with  the  contractor  or  other  sub-contractor,  such 
contractor  or  sub-contractor  may  be  made  a  defendant  with  such 
owner,  and  judgment  may  be  rendered  against  the  contractor 
or  sub-contractor  for  the  amount  which  shall  be  found  owing 
by  him,  in  addition  to  the  judgment  herein  before  provided  for 
against  such  owner,  and  the  court  may  award  costs  against 
such  of  the  parties  as  shall  be  just. 

The  lien  laws  passed  in  eighteen  hundred  and  fifty-three  and 
eighteen  hundred  and  fifty-eight  are  now  repealed. 

NEW  JERSEY. — Any  person  furnishing  Nbor  or  materials  for 
constructing,  altering  or  repairing  any  building,  has  a  lien  there- 
for upon  the  same.  To  render  this  lien  valid,  such  person  must 
draw  up  specifications  of  the  work  contracted  to  be  performed 
or  materials  to  be  furnished,  and  stating  the  price  or  prices 
agreed  to  be  paid  therefor,  and  file  them,  or,  if  there  be  a  writ- 
ten contract,  a  true  copy  thereof,  in  the  office  of  the  County 
Clerk,  and  serve  a  notice  thereof  personally  on  such  owner  or 
his  agent  within  fifteen  days  after  making  such  contract,  or  after 
furnishing  such  labor  or  materials.  The  lien  takes  effect  from 
the  time  of  filing  such  specification  and  the  service  of  the  notice, 
and  remains  in  force  for  two  months  after  the  completion  of  the 
building ;  previous  to  the  expiration  of  which  term  the  lien- 
holder  must  commence  legal  proceedings  against  the  owner  of 
the  property  to  enforce  payment  of  the  claim.  The  lien  holds 
the  building  and  the  lot  on  which  the  same  may  stand. 

All  fixtures  for  manufacturing  purposes,  shall  be  construed  to 
include  any  building,  erection  or  construction  of  whatever  de- 
scription attached  or  annexed,  or  intended  to  be  attached  or 
annexed  to  any  land  or  tenement,  and  designed  to  be  used  in 
the  building  or  repairing  of  vessels,  whether  the  same  be  per- 
manently attached  to  the  freehold,  or  so  built  as  to  be  removed 
from  place  to  place,  and  only  temporarily  attached  to  the  land, 
and  whether  the  same  be  intended,  and  designed  for  use  on  land 
or  water. 

When  a  contractor  refuses  to  pay  any  workman  employed  by 
him  to  perform  labor  on  such  building,  or  on  the  grounds  con- 
nected therewith,  such  workman  may  give  a  written  notice  of 
such  refusal  to  the  owner  of  the  property,  together  with  a  state- 
ment of  the  amount  due  and  demanded ;  on  receipt  of  which 
no  bice  the  bwnef  is  authorized  to  pay  the  amount  to  the  work- 


*50  LIE5T  LAWS   OP  THE   DIFFERENT   STATES, 


man, 

When  a  number  of  "workmcr  thus  present  their  claims  to  the 
owner,  the  aggregate  of  such  claims  must  not  exceed  the  amount 
of  the  contract.  In  case  the  owner  should  refuse  to  pay  their 
claims,  then  the  building  may  be  sold  for  the  same  ;  but  if  the 
building  should  not  sell  for  a  sum  sufficient  to  pay  such  claims, 
then  the  same  shall  be  averaged,  and  each  creditor  be  paid  a 
sum  proportional  to  hi?  demand.  Action  preparatory  to  the 
sale  must  be  instituted  within  one  year  from  the  time  the  work 
is  done  or  the  materials  furnished. 

PENNSYLVANIA.  —  Any  person  furnishing  labor  or  materials  for 
constructing,  altering  or  repairing  any  building,  has  a  lien  there- 
for on  the  same,  and  also  on  the  land  for  the  purposes  of  the 
building.  This  lien  takes  precedence  of  all  that  may  subse- 
quently attach.  To  enforce  it,  a  statement  of  the  claim  and  of 
the  agreement  on  which  it  is  founded  must  be  filed  in  the  office 
of  the  Prothonotary  (Clerk)  of  the  Court  of  Common  Pleas,  in 
the  county  where  the  property  is  situate.  If  this  statement  be 
not  so.  filed,  the  lien  will  continue  only  six  months.  If  it  be 
filed,  the  lien  will  remain  in  force  five  years  from  the  date  of 
such  filing,  when  it  may  be  renewed  by  giving  the  owner  notice 
of  the  lien-holder's  intention  to  make  an  application  to  that 
effect. 

All  ships,  steamboats  or  vessels  navigating  the  rivers  Alleg- 
iiany,  Monongahela  or  Ohio,  in  this  State,  shall  be  liable  and 
subject  to  a  lien  in  the  following  cases  : 


For  all  the  wages  due  to  hands  or  persons  employed 
on  board  such  ships,  steam  or  other  boats  or  vessels,  for  work 
done,  or  for  services  rendered  on  board  or  for  the  same. 

Second.  For  all  debts  contracted  for  materials  furnished,  or 
work  or  labor  done. 

Third.  For  all  bills,  bonds,  notes,  or  any  other  obligation  of 
indebtedness,  whether  the  same  be  signed  and  given  on  account 
of  work  or  labor  done,  or  materials  furnished  in  the  building, 
repairing,  fittting,  furnishing,  equipping  or  insuring,  or  for  sums 
due  for  wharfage  or  anchorage,  such  ships,  steam  or  other  boats 
or  vessels  as  hereinbefore  specified  or  enumerated  :  Provided, 
1  hat  the  lien  of  the  same  shall  continue  in  favor  and  to  the 
benefit  of  all  and  every  party  or  parties  whomsoever,  into  whose 
hands  the  same  may  have  passed  by  transfer,  assignment  or 
otherwise. 

No  more  than  three  months'  wages  can  be  recovered  in  any 
*uit  upon  a  lien  in  the  first  class  above  specified,  and  the  suit 


LIE3T   LAWS    OF   THE    DIFFERENT   STATES.  351 

must  be  commenced  within  sixty  days  after  three  months'  wages 
Bhall  have  become  due. 

All  suits  upon  liens  in  any  other  than  the  first  class  above 
enumerated,  must  be  commenced  within  two  years  after  the  said 
materials  are  furnished,  or  work  or  labor  done. 

DELAWARE. — Any  person  furnishing  labor  or  materials  for  con- 
structing, altering  or  repairing  any  building,  has  a  lien  thereon  to 
the  agreed-upon  amount  of  his  claim.  This  lien  takes  precedence 
of  all  subsequent  attachments.  To  enforce  it,  the  lien-holder  must 
notify  the  owner  thereof  of  the  sum  claimed  by  him  to  be  due, 
and  also  of  his  intention  to  claim  the  benefit  of  such  lien.  The 
owner  is  authorized,  on  proof  of  the  correctness  of  the  ciaim,  to 
pay  the  amount,  and  to  deduct  the  same  from  what  is  due  by  him 
to  the  contractor. 

MARYLAND. — Any  person  furnishing  labor  or  materials  for  con- 
structing, altering  or  repairing  a  building,  has  a  lien  therefor  upon 
the  same,  and  also  takes  the  land  necessarily  connected  therewith. 
This  lien  takes  precedence  of  all  others  that  may  subsequently  at- 
tach. It  may  be  enforced  by  serving,  or  causing  to  be  served  on  the 
owner  of  the  property  or  his  legal  representative,  within  thirty 
days  after  the  performance  of  such  labor  or  furnishing  such  mate- 
rials, a  specification  of  the  work  done  or  the  materials  furnished, 
and  stating  the  price  or  prices  agreed  to  be  paid  therefor,  together 
with  a  notice  of  his  intention  to  claim  the  benefit  of  such  lien.  If 
a  copy  of  this  statement  be  filed  in  the  Clerk's  office  of  the  county, 
the  lien  takes  effect  from  the  time  of  such  filing,  and  remains  in 
force  the  term  of  six  months,  when  it  expires,  unless  legal  action 
is  previously  instituted  to  secure  the  collection  of  the  debt. 

[C^3  This  law  applies  only  to  Baltimore  and  a  few  other  coun- 
ties. Lien  laws  have  been  enacted  for  the  other  counties,  but- they 
are  changed  so  frequently,  that  to  insert  any  or  all  of  them  would 
be  useless,  and  most  probably  prove  a  source  of  loss  to  those  who 
should  place  any  reliance  upon  them  in  case  of  actions.] 

VIRGINIA. — Any  person  furnishing  labor  or  materials  for  the  con- 
struction of  a  building  has  a  lien  therefor,  both  on  building  and 
the  land  connected  therewith.  This  lien  is  lost  at  the  expiration 
of  six  months,  if  the  lien-holder  fails  to  commence  an  action  for 
the  amount  of  the  claim  previous  to  the  end  of  such  term.  If  the 
necessary  action  be  commenced,  and  the  lien  be  established,  the 
ccurt  is  authorized  to  order  a  sale  of  the  owner's  interest  in  the 
house  and  land  to  satisfy  the  claim  of  the  contractor. 

NORTH  CAROLINA. — Any  person  constructing,  altering  or  repair- 
ing any  building  under  a  written  contract,  signed  in  the  presence 
of  two  attesting  witnesses,  shall,  upon  filing  such  contract  in  a 


352  LIEU    LAWS   OP   T1JE   DIFFERENT   STATES. 

eoort  of  record,  have  a  legal  lien  upon  such  Luilding  for  the  term 
of  three  years  after  the  term  of  such  idling.  But  such  lien  will 
not  impair  or  take  precedence  of  any  prior  lien,  nor  remain  in 
force  longer  than  the  time  specified,  unless  process  shall  be  pro- 
viously  taken  to  enforce  payment  of  the  debt. 

SOUTH  CAROLINA. — Any  person  constructing,  altering,  repairing 
or  furnishing  materials  for  any  building,  shall  have  a  lien  therefor 
on  the  same.  But  an  agreement,  specifying  the  particulars  of  the 
work  to  bo  done  or  the  materials  to  be  furnished,  and  a  general 
description  of  the  premises,  and  signed  by  the  parties  to  the  con- 
tract and  the  owner  of  the  property,  in  the  presence  of  one  or 
more  attesting  witnesses,  must  be  filed  in  the  office  of  the  Register 
of  mesne  conveyances  for  the  district  in  which  the  property  is 
situate.  The  lien  is  in  force  for  the  term  of  three  years  from  the 
filing  of  such  statement. 

GEORGIA. — All  persons  furnishing  wood,  provisions,  labor  or 
materials  for  the  construction  of  vessels  of  any  kind,  shall  have  a 
lien  therefor  on  the  same,  if  they  institute  legal  proceedings  for 
the  collection  of  their  claims  any  time  within  twelve  months  after 
their  claims  are  due 

Any  person  constructing,  altering,  or  repairing  any  building, 
shall  have  a  lien  therefor  on  the  same,  if  he,  any  time  within 
three  months  of  the  completion  of  the  building,  shall  file  a  bill  of 
particulars  of  his  claim  in  the  Clerk's  office  of  the  county  where 
the  property  is  situate.  To  enforce  his  lien,  he  must  institute  a 
«uit  against  the  owner  of  the  property  for  the  amount  of  his  claim, 
within  twelve  months  from  the  time  the  debt  is  due. 

Any  machinist  who  may  furnish  or  put  up,  in  any  county  in  this 
State,  any  steam  mill  or  other  machinery,  or  who  may  repair  the 
same,  shall  be  entitled  to  the  same  lien  on  such  machinery  and  th« 
premises,  to  which  the  same  may  be  attached,  and  may  enforce  such 
lien  in  the  same  manner,  and  with  like  benefits,  privileges  and  re- 
strictions, as  is  extended  to  masons  and  carpenters. 

TEXAS. — Any  person  furnishing  labor  or  materials  for  construct- 
ing, altering,  or  repairing  of  any  building,  shall  have  a  lien  there- 
for, of  the  nature  of  a  mortgage,  on  the  same,  and  also  on  the 
land  on  which  the  building  shall  stand,  until  the  amount  due  for 
such  services  or  materials  shall  be  fully  paid.  The  contract  for  such 
labor  or  materials,  or  a  true  copy  thereof,  must  be  recorded  in  tho 
Clerk's  office  of  the  county  where  the  property  is  situate,  within 
thirty  days  after  such  contract  is  made. 

Any  person  performing  labor  on  such  building,  or  the  grounds 
necessarily  connected  therewith,  for  a  delinquent  contractor,  may 
present  an  attested  statement  of  the  value  of  such  labor  to  tho 
owner  of  the  property,  who  is  authorized  by  statute  to  pay  th« 


EEEN   LAWS   OF  TUB   DfB^FKRimT   STATES,  855 

amount,  and  to  deduct  the  same  from  what  may  bo  due  the  con- 
tractor. [Incorporated  cities  are  exempt  from  the  operation  of 
this  law.] 

FLORIDA. — Any  person  furnishing  labor  or  materials  for  con- 
structing,  altering,  or  repairing  a  building,  shall  have  a  lion  upon 
the  same  until  the  amount  agreed  upon  by  the  paities  is  fully  paid. 
To  enforce  the  claim,  it  is  necessary  to  file  in  tne  Clerk's  office  of 
the  Circuit  Court  of  the  county  in  which  the  property  is  situate, 
and  within  six  months  after  the  work  has  been  performed,  or  the 
materials  furnished,  a  true  account  of  what  is  due  him  after  all 
credits,  and  verify  it  by  his  own  oath,  or  that  of  some  other  per. 
son,  and  also  record  at  the  same  time  a  correct  description  of  the 
property  charged  with  such  lien.  The  necessary  lana  connected 
with  the  building  shall  also  be  subject  to' said  lien.  Laborers  also 
have  each  a  lien  upon  such  building  and  land,  to  the  agreed-upon 
amount  of  their  respective  demands. 

All  persons  furnishing  materials  for  constructing,  or  stores  for 
provisioning,  or  performing  labor  or  service  of  any  kind  upon  any 
kind  of  vessel,  shall  have  a  lien  therefor  on  the  same  ;  which  lien 
shall  take  precedence  of  all  others,  provided  suit  is  brought  to 
enforce  the  same  within  twenty  days  from  the  time  when  such  lien 
accrued. 

ALABAMA. — Any  person  who  shall  furnish  labor*  materials,  or 
stores  for  any  vessel,  by  order  of  the  master  or  captain  of  the 
same,  shall  have  a  lien  on  such  vessel  for  the  same.  To  enforco 
this  lien,  the  party  must  institute  an  action  against  the  vessel  for 
the  amount  of  his  claim,  within  thirty  days  from  the  time  when 
the  lien  accrued. 

Any  person  contracting  to  put  up  any  building,  shall  have  a  lien 
upon  such  building,  and  on  the  land  connected  therewith,  until  the 
amount  specified  in  the  contract  ia  fully  paid.  To  enforce  such 
lien,  the  contract,  or  an  attested  copy  thereof,  must  be  recorded  in 
the  office  of  the  Clerk  of  the  County  Court,  within  thirty  daya 
after  the  completion  of  the  building. 

MISSISSIPPI. — Any  person  furnishing  labor  or  materials  for  con- 
sructing,  altering,  or  repairing  any  building,  on  written  contract; 
shall  have  a  lien  therefor  upon  the  same.  To  enforce  such  lien,  he 
must  have  the  contract,  oj  a  true  copy  thereof,  recorded  in  the 
Clerk's  office  of  the  Court  of  Probates  of  the  county.  Where 
there  is  no  written  contract,  and  the  claim  is  held  for  labor  per- 
formed, or  materials  furnished  by  order  of  the  contractor,  then  the 
party  so  laboring  on  such  building,  or  furnishing  materials  for  the 
earne,  shall,  within  thirty  days  after  commencing  such  labor,  or 
furnishing  such  materials,  se'rve  on  the  owner  of  the  property  a 
statement  or  bill  of  particulars  of  his  claim.  To  enforco  tae  lica, 


354  MKS   LAWS   OP   THE   DIFFERENT   STATES. 

an  action  for  the  recovery  of  the  claim  must  be  instituted  within 
BIX  months  from  the  time  the  lien  accrues. 

LOUISIANA.  —  Any  person  laboring,  furnishing  labor,  or  supply* 
ing  materials  for  constructing,  altering,  or  repairing  any  building, 
has  a  lien  therefor  on  the  same.  If  the  claim  is  over  five  hundred 
dollars,  and  founded  on  a  written  contract,  the  latter,  or  an  at- 
tested copy  thereof,  must'be  filed  in-the  Clerk's  office  of  the  parish 
(county)  where  the  property  is  situate,  within  thirty  days  after  the 
date  of  such  contract.  If  the  claim  be  less  than  five  hundred 
dollars,  and  is  not  founded  on  labor  done,  or  materials  furnished, 
on  a  written  contract,  the  lien  is  equally  good,  but  only  for  six 
months,  when  it  becomes  lost  unless  the  holder  shall  have  previ- 
ously commenced  an  action  for  the  recovery  of  his  claim.  If} 
however,  the  order  for  the  labor  or  materials  is  from  the  contractor, 
and  he  —  the  contractor  —  shall  have  been  paid  by  the  owner  ac- 
cording to  contract,  then  no  action  for  the  recovery  of  the  debt 
can  be  instituted  against  the  owner,  who  has  already  paid.  But 
if  the  owner  shall  not  have  paid  the  contractor,  then  the  mon- 
eys due  the  contractor  may  be  seized  for  the  benefit  of  the  lien- 
holders. 

Workmen  on  any  vessel  have  a  lien  for  all  moneys  due  them  for 
labor  on  the  same,  whether  the  order  for  such  labor  is  in  writing 
or  not;  but  such  lien  is  lost  if  they  allow  the  vessel  to  leave  port 
without  enforcing  the  lien  by  an  action.  All  claims  and  con 
tracts  for  labor  or  materials  furnished  must,  to  enforce  a  lien,  be 
Sled  in  the  office  of  the  Recorder  of  Mortaes. 


ARKANSAS.  —  Any  person  laboring,  or  furnishing  labor  or  mate- 
rials for  constructing,  altering,  or  repairing  any  building,  to  the 
amount  of  one  hundred  dollars,  has  a  lien  therefor  upon  the  same. 
To  legalize  the  lien,  the  lien-holder  must  file  with  the  Clerk  of  tho 
Circuit  Court  of  the  county  where  the  property  ia  situate,  a  cor- 
rect, attested  account  of  his  claim,  within  three  months  after  the 
labor  performed  and  tho  materials  furnished.  The  lien  extends 
both  to  the  building  and  the  land  connected  therewith,  provided 
such  land  does  not  exceed  two  acres,  Tho  lien  will  continue  in 
force  only  one  year  after  the  completion  of  the  building,  unless  an 
action  be  instituted  to  enforce  it. 

TENNESSEE.  —  Any  person  laboring,  or  furnishing  labor  or  mate- 
rials for  constructing,  altering,  or  repairing  any  building,  or  any 
machinist  who  may  furnish  or  repair  machinery,  shall  have  a  lien 
therefor  upon  the  same,  for  the  term  of  one  year  after  the  per 
formance  or  furnishing  of  such  labor  or  materials,  and  till  the 
decision  of  any  suit  that  may  be  instituted  within  that  term,  on 
account  of  such  lien.  To  legalize  such  lien,  however,  a  written 
notice  of  tho  lien-holder's  claim,  duly  verified,  mus*  irst  b«  girea 


MEN  LAWS  OF  THE  DIFFEKEHT  STATES*  355 

to  the  owner  of  the  property,  or  his  legal  representative,  at  the 
time  the  work  is  begun,  or  the  materials  furnished. 

Any  person  laboring  on,  or  furnishing  materials  for  constructing, 
altering,  fitting,  or  repairing,  or  stores  for  provisioning,  any  ves- 
sel shall  have  a  lien  therefor  on  the  same.  But  to  legalize  such 
Ben,  the  lien-holder  must  institute  an  action  for  the  amount  of  his 
claim  within  three  months  from  the  time  when  the  services  are 
rendered,  the  materials  furnished,  or  the  stores  supplied. 

•  KENTUCKY. — The  lien  enactments  of  this  State,  like  those  of 
Maryland,  are  varied  and  incomplete,  and  permanent  only  in  cer- 
tain localities  and  counties.  In  the  towns  of  Bowling-Green, 
Brandenburgh,  Covington,  Frankfort,  Hickman,  Lexington,  Louis- 
ville, Maysville,  Newport,  Owensboro',  Paducah,  Russellville.  and 
Smithland,  and  the  counties  of  Galloway,  Jefferson,  and  Marshall, 
any  person  laboring,  or  furnishing  materials  for  constructing,  alter- 
ing, or  repairing  any  building,  has  a  lien  therefor  upon  the  same, 
and  on  the  land  necessarily  connected  therewith.  16  render  the 
lien  binding,  however,  he  must  file  the  particulars  and  amount  of 
his  claim,  and  also  an  intelligible  description  of  the  property,  and 
its  location,  in  the  Clerk's  office  of  the  county  where  the  same  is 
situate,  within  six  months  from  the  time  when  such  labor  is  per- 
formed or  furnished,  or  such  materials  furnished.  In  Paducah, 
and  some  other  of  the  above-named  towns,  the  lien  may  be  en- 
forced by  instituting  a  suit  for  the  amount  of  the  claim,  any  time 
within  twelve  months. 

OHIO. — Any  person  laboring  on,  or  furnishing  labor  or  materials 
for  constructing,  altering,  or  repairing  any  building,  shall  have  a 
lien  therefor  on  the  same,  and  on  the  land  necessarily  connected 
therewith.  To  bind  the  lien,  he,  within  four  months  from  the  per- 
formance of  such  labor,  or  delivery  of  such  materials,  must  de- 
liver to  the  own-er  of  the  building  an  attested  statement  of  the 
particulars  of  the  claim  remaining  unpaid ;  whereuppa,  if  the  ac- 
count be  that  of  a  mechanic  or  laborer,  the  owner  is  authorized 
to  pay  the  amount,  and  to  deduct  the  same  from  what  may  be 
owing  by  him  to  the  contractor.  Should  the  owner  fail  or  refuse 
to  pay  the  account,  or  should  the  statement  be  that  of  a  contractor 
or  sub-contractor,  the  correctness  of  the  claim,  and  the  fact  of  the 
refusal  or  failure  of  the  owner  to  pay  it,  must  be  sworn  to  before 
a  magistrate,  and  the  account  and  affidavits  then  filed  in  the  office 
of  the  Recorder  of  the  county,  when  the  lien  shall  remain  upon  the 
said  building  and  land  for  the  term  of  two  years  from  the  com- 
mencement of  such  labor,  or  the  furnishing  of  mich  lab'>r  or  mate- 
rials. Any  suit  brought  within  said  two  year?  will  continue  saiJ 
liec  till  the  rendering  of  judgment. 


566      ^IEN  LAWS  OP  THE  DIFFEEENT  STATES 

All  steamboats  and  other  water  crafts,  of  twenty  tons  burden 
and  upwards,  navigating  the  waters  within  or  bordering  upon 
this  State,  shall  be  liable,  and  such  liability  shall  be  a  lien  there- 
on, for  all  debts  contracted  on  account  thereof,  by  the  master, 
owner,  steward,  consignee  or  other  agent,  for  materials,  supplies, 
or  labor  in  the  building,  repairing,  furnishing  or  equipping  the 
same,  or  for  insurance,  or  due  for  wharfage,  and  also  for  dama- 
ges arising  out  of  any  contract  for  the  transportation  of  goods 
or  persons,  or  for  injuries  done  to  persons  or  property  by  such 
craft,  or  for  any  damages  or  injury  done  by  the  captain,  mate,  or 
other  officers  thereof,  or  by  any  person  under  the  order  or  sanc- 
tion of  either  of  them  to  any  person  who  may  be  a  passenger  or 
hand  on  such  steamboat  or  other  water  craft  at  the  time  of  the 
infliction  of  such  damage  or  injury. 

MICHIGAN. — Any  person  furnishing  labor  or  materials  for  con- 
structing, altering,  or  repairing  any  building,  shall  have  a  lien 
therefor  on  the  same  when  such  la'bor  is  done,  or  the  materials 
furnished,  under  a  written  contract,  signed  by  the  owner  or  his 
agent,  and  the  contract  recorded  in  the  Clerk's  office  of  the 
county  where  the  property  is  situate.  The  lien  ceases  at  the 
expiration  of  six  months,  unless  a  suit  shall  previously  be  com- 
menced to  enforce  it. 

INDIANA. — Any  person  laboring,  or  furnishing  labor  or  mate- 
rials for  constructing,  altering,  or  repairing  any  building,  shall 
have  a  lien  therefor  upon  the  same.  Any  sub-contractor  or 
laborer  may  notify  the  owner  of  the  property  of  their  claim, 
whereupon  the  owner  shall  become  liable  for  the  same,  provided 
he,  at  the  time  of  receiving  such  notice,  shall  be  indebted  to 
the  contractor  to  that  amount ;  if  not,  then  to  the  amount  to 
which  he  is  indebted  to  the  contractor.  After  the  service  of 
such  notice  upon  the  owner,  and  sixty  days  subsequent  to  the 
completion  of  the  building,  alteration,  or  repairs,  or  the  furnish- 
ing of  the  supplies,  the  lien-holder  must  file  a  notice  of  his  in- 
tention to  claim  the  benefit  of  the  lien  on  said  property,  together 
with  a  bill  of  particulars  of  the  debt,  in  the  Recorder's  office  of 
the  county  in  which  the  property  lies. 

Any  person  laboring  on,  or  furnishing  labor  or  materials  for 
constructing,  altering,  or  repairing,  or  stores  for  provisioning,  or 
wood  or  coal  for  fuel,  for  any  vessel,  shall  have  a  lien  therefor, 
on  the  same ;  and  such  lien  shall  take  precedence  of  all  subse- 
quent claims  whatsoever,  except  mariners'  wages. 

ILLINOIS. — Any  person  laboring  on,  or  furnishing  labor  or 
materials  fo*  constructing,  repairing,  or  altering  any 


LIEN   LAWS    OE    THE   DIFFEEENT   STATES.  85*7 

shall  have  a  lien  therefor  Dn  the  same,  and  on  the  lot  or  tract 
of  land  on  which  the  building  shall  stand.  To  bind  such  lien, 
a  suit  must  be  instituted  within  six  months  from  the  date  when 
the  last  payment  is  due.  Landlords  have  a  lien  also  on  all  crops 
of  a  tenant,  whether  such  crops  be  already  grown,  or  in  course 
of  growth,  for  unpaid  rent. 

MISSOURI. — Sec.  1.  Every  mechanic  or  other  person  who  shall 
do  or  perform  any  work  or  labor  upon,  or  furnish  any  materials, 
fixtures,  engine,  boiler  or  machinery  for  any  building,  erection  or 
improvements  upon  land,  or  for  repairing  the  same,  under  or  by 
virtue  of  any  contract  with  the  owner  or  proprietor  thereof  or 
his  agent,  trustee,  contractor  or  sub-contractor,  upon  complying 
with  the  provisions  of  this  chapter,  shall  have,  for  his  work  or 
labor  done,  or  materials,  fixtures,  engine,  boiler  or  machinery 
furnished,  a  lien  upon  such  building,  erection  or  improvements, 
and  upon  the  land  belonging  to  such  owner  or  proprietor  on 
which  the  same  are  situated,  to  the  extent  of  one  acre  ;  or,  if  such 
building,  erection  or  improvement  be  upon  any  lot  of  land  in 
any  town,  city  or  village,  then  such  lien  shall  be  upon  such 
building,  erection  or  improvements,  and  the  lot  or  land  upon 
which  the  same  are  situated,  to  secure  the  payment  for  such  work 
or  labor  done,  or  materials,  fixtures,  engine,  boiler  or  machinery 
furnished,  as  aforesaid. 

Sec.  2.  The  entire  land,  to  the  extent  aforesaid,  upon  which 
any  such  building,  erection  or  other  improvement  is  situated, 
including  as  well  that  part  of  said  land  which  is  not  covered 
wi  th  such  building,  erection  or  other  improvement,  as  that  part 
thereof  which  is  covered  with  the  same,  shall  be  subject  to  all 
liens  created  by  this  chapter,  to  the  extent,  and  only  to  the  extent 
of  all  the  right,  title  and  interest  owned  therein  by  the  owner  or 
proprietor  of  such  building,  erection  or  other  improvement,  for 
whose  immediate  use  or  benefit  the  labor  was  done  or  things 
were  furnished. 

Sec.  3.  The  lien  for  the  things  aforesaid,  or  work,  shall  attach 
to  the  buildings,  erections  or  improvements  for  which  they  fur- 
nished or  the  work  was  done,  in  preference  to  any  prior  lien,  or 
mcumbrance,  or  mortgage,  upon  the  land  upon  which  such 
buildings,  erections,  improvements  or  machinery  have  been 
erected  or  put ;  and  any  person  enforcing  such  lien  may  have 
such  building,  erection  or  improvement  sold  under  execution 
and  the  purchaser  may  remove  the  same  within  a  reasonable  time 
thereafter. 

Sec.  4.  Every  building  or  other  improvement  erected,  or  mate- 
rials furnished,  according  to  the  provisions  of  this  chapter,  on 
leased  lots  or  lands,  shall  be  held  for  the  debt  contracted  for  or 
on  account  of  the  same,  and  also  the  leasehold  term  for  such  let 
and  land  on  which  the  same  is  erected;  and,  in  case  the-  lessee 


358  LIEN  LAWS   OP  THE   DIFFERENT   STATES. 

shall  have  forfeited  his  lease,  the  purchaser  of  the  building  and 
leasehold  term,  or  so  much  thereof  as  remains  unexpired,  under 
the  provisions  of  this  chapter,  shall  be  held  to  be  the  assignee  of 
such  leasehold  term,  and  as  such  shall  be  entitled  to  pay  up  to 
the  lessor  all  arrears  of  rent  or  other  money,  interest  and  costs  due 
under  said  lease,  unless  the  lessor  shall  have  regained  possession 
of  the  leasehold  land,  or  obtained  judgment  for  the  possession 
thereof,  on  account  of  the  non-compliance  by  the  lessee  with  the 
terms  of  the  lease,  prior  to  the  commencement  of  the  improve- 
ments therein  ;  in  which  case  the  purchaser  of  the  improvements, 
under  this  chapter,  shall  have  the  right  only  to  remove  the  im- 
provements, within  sixty  days  after  he  shall  purchase  the  same, 
and  the  owner  of  the  ground  shall  receive  the  rent  due  him, 
payable  out  of  the  proceeds  of  the  sale,  according  to  the  terms 
of  the  lease,  down  to  the  time  of  removing  the  building. 

Sec.  5.  And  it  shall  be  the  duty  of  every  original  contractor, 
within  six  months,  and  every  journeyman  and  day-laborer,  within 
thirty  days,  and  of  every  other  person  seeking  to  obtain  the 
bensfit  of  the  provisions  of  this  chapter,  within  four  months 
after  the  indebtedness  shall  have  accrued,  to  tile  with  the  clerk 
of  the  circuit  court  of  the  proper  county  a  just  and  true  account 
of  the  demand  due  him  or  them,  after  all  just  credits  have  been 
given,  which  is  to  be  a  lien  upon  such  building  or  other  improve- 
ments, and  a  true  description  of  the  property,  or  so  near  as  to 
identity  the  same,  upon  which  the  lien  is  intended  to  apply,  with 
the  name  of  the  owner  or  contractor,  or  both,  if  known  to  the 
person  filing  the  lien,  which  shall  in  all  cases  be  verified  by  the 
oath  of  himself,  or  some  credible  person  for  him. 

Sec.  6.  It  it  shall  be  the  duty  of  the  clerk  of  the  circuit  court 
to  indorse  upon  every  account  the  date  of  its  filing,  and  make  an 
abstract  thereof  in  a  book  by  him  to  be  kept  for  that  purpose, 
and  properly  indorsed  and  indexed,  containing  the  date  of  its 
filing,  the  name  of  the  person  seeking  to  enforce  the  lien,  the 
amount  claimed,  the  name  of  the  person  against  whose  property 
the  lien  is  filed,  and  a  description  of  the  property  charged  with 
the  same,  for  all  of  which  the  clerk  shall  receive,  as  full  compen- 
sation, the  sum  of  one  dollar  from  the  person  filing  the  account 
or  sacking  to  enforce  the  lien,  which  shall  be  taxed  and  collected 
as  other  costs,  in  case  there  should  be  an  action  brought  thereon. 

Sec.  7.  The  lien  for  work  and  materials,  as  aforesaid,  shall  be 
preferred  to  all  other  incumbrances  which  may  be  attached,  to  or 
upon  such  buildings,  bridges  or  other  improvements,  or  the 
ground,  or  either  of  them,  subsequent  to  the  commencement  of 
euch  buildings  or  improvements. 

IOWA. — Any  person  furnishing  labor  or  materials  for  construct 
ing,  altering,  or  repairing  any  building,  by  agreement  with  the 


LIEN  LAWS   OF  THE   DIFFERENT   STATES.  359 

owner  thereof,  or  with  the  lessee  of  the  land  with  the  owner's 

knowledge  and  consent,  shall  have  a  lien  therefor  upon  the  same, 
and  also  upon  so  much  of  the  land  necessarily  connected  there- 
with as  cannot  be  sold  so  as  to  avoid  such  lien.  Suit  must  be 
instituted  for  the  amount  of  the  lien  within  twelve  months  from 
the  time  of  payment  specified  in  the  contract.  If  the  suit  be 
brought  in  the  District  Court,  it  must  be  by  bill  or  petition,  des- 
cribing the  nature  and  particulars  of  the  contract,  and  the  char- 
acter and  location  of  the  property.  The  execution  in  a  suit  of 
this  kind  must  levy  only  upon  the  property  specified,  as  no  other 
property  of  defendant  is  liable  for  the  payment  of  such  judg- 
ment. By  a  law  of  the  State,  miners  have  a  lien  upon  a  suffi- 
cient quantity  of  mineral  to  pay  any  just  demand  for  labor  per- 
formed upon  it. 

WISCONSIN. — Any  person  laboring  on,  or  furnishing  materials 
for  constructing,  repairing,  or  altering  any  building,  or  upon  all 
machinery  put  up  or  repaired,  shall  have  a  lien  upon  the  same, 
and  also  upon  the  land  attached  thereto,  for  the  term  of  twelve 
months,  provided  such  land  shall  not  exceed  forty  acres,  or  if 
within  the  limits  of  any  city,  town,  or  village  plot,  one  acre ;  and 
such  lien  shall  have  precedence  of  all  other  liens  subsequent  to 
the  construction,  alteration,  or  repairing  of  such  building.  Sub- 
contractors are  required  to  notify  the  owner  within  thirty  days 
after  performing  such  labor  or  furnishing  such  materials  to  said 
owner,  or  their  lien  upon  the  same  will  be  lost. 

Any  person  or  persons  who  shall  furnish,  at  the  request  of  the 
owner  thereof,  materials,  or  do  any  work,  in  filling  up  any  water 
lot,  or  in  erecting  or  constructing  any  wharf  or  other  permanent 
fixture  thereon,  or  in  dredging  out  the  channel  in  front  of  such 
lots,  under  contract  with  the  owner  thereof,  shall  be  entitled  to 
enforce  a  lien  therefor. 

Any  mechanic  or  artisan  who  shall  make,  alter,  or  repair  any 
article  of  personal  property  at  the  request  of  the  owner,  shall 
have  a  lien  thereon  for  his  just  and  reasonable  charges  for  his 
work  done  and  materials  furnished,  and  he  may  retain  the  same 
in  his  possession  until  such  charges  shall  be  paid ;  and  if  not 
paid  at  the  end  of  six  months  after  the  work,  is  done,  he  may 
proceed  to  sell  the  property  at  public  auction,  by  giving  three 
weeks'  public  notice  of  such  sale  in  some  newspaper  published 
in  the  county  in  which  the  work  may  be  done ;  and  the  proceeds 
of  said  sale  shall  be  applied  first  to  the  discharge  of  such  lien 
and  the  expenses  of  selling  such  property,  and  the  remainder,  if 
any,  shall  be  paid  over  to  the  owner  thereof. 

CALIFORNIA. — Any  person  performing  or  furnishing  labor  01 
materials  for  constructing,  altering,  or  repairing  any  wharf  oj 
building,  shall  haye  a  lien  therefor  upon  the  same,  Sub-contrac* 


860  LIKE*  IAWS   OP  THE   DIFFERENT  STATES, 

tors,  mechanics,  and  laborers  must  notify  ihe  owner  or  owners  in 
writing  of  the  particulars  of  their  claims,  and  that  they  hold  said 
owne-  or  owners  liable  for  the  same ;  and  the  owner  or  ownera 
are  made  responsible  for  such  claims,  provided  said  owner  or 
owners  are  indebted  to  the  employer  to  the  stated  amount ;  if  not, 
then  to  the  amount  to  which  said  owner  or  owners  shall  be  in- 
debted to  the  employer  at  the  time  of  service  of  such  notice. 
When  this  notice  shall  have  been  served,  the  sub-contractor,  me« 
chanic,  or  laborer  shall  present  to  his  employer  a  copy  of  such 
notice  for  his  endorsement.  If  the  employer  endorse,  then  the 
owner  or  owners  shall  j)ay  the  same,  if  the  latter  stand  indebted 
to  him  to  that  amount ;  if  not,  then  to  the  amount  due  to  said  em- 
.ployer  at  the  time  the  notice  was  served.  If  the  owner  or  owners 
tail  to  pay,  the -sub-contractor,  mechanic,  or  laborer  may,  within 
thirty  days  after  the  service  of  the  notice,  commence  a  suit  to  en- 
force his  lien.  Should  the  employer  refuse  to  endorse  the  claim, 
the  sub-contractor,  mechanic,  or  laborer  shall  lose  his  lien,  unless 
he  shall,  within  thirty  days  after  the  service  of  the  notice,  com- 
mence an  action  against  the  employer  to  establish  the  claim.  If 
he  obtain  judgment  against  his  employer,  he  shall  lose  his  lien  for 
the  amount  thereof  unless,  within  thirty  days  thereafter,  he  shall 
commence  an  action  against  the  owner  or  owners  for  the  amount 
of  the  judgment,  if  such  amount  be  then  due  from  the  owner  or 
owners  to  the  employer ;  if  not,  then  he  shall  file  a  notice  of  said 
claim  and  judgment  in  the  Recorder's  office  of  the  county  in  which 
the  property  is  situate,  and  shall  commence  his  action  against  the 
owner  or  owners  within  thirty  days  after  the  money  is  due  from 
the  owner  or  owners  to  the  employer.  The  owner  or  owners  may 
set-off  the  amount  of  the  judgment  in  any  action  brought  against 
said,  owner  or  owners  by  the  contractor  or  person  otherwise  en- 
titled to  recover  the  same  under  the  contract.  The  land  set  ou^ 
at  the  time  of  the  contract,  for  the  use  of  the  building,  shall  also 
be  subject  to  the  lien. 

Any  mechanic  who  shall  make,  alter,  or  repair  any  article  of 
personal  property,  at  the  request  of  the  owner  or  owners  thereof, 
shall  have  a  lien  therefor  upon  the  same,  and  may  retain  posses- 
sion of  the  same  till  the  price  agreed  upon  for  making,  altering, 
or  repairing  such  article  shall  be  paid  ;  and  if  not  paid  within  two 
months,  he  may  sell  the  same  at  public  auction,  after  giving  three 
weeks'  notice  by  advertisement  in  some  newspaper  published  in 
the  county ;  if  there  be  no  newspaper,  then  by  posting  up  notices 
of  such  sale  in  three  of  the  most  public  places  in  the  town  where 
the  article  was  made,  altered,  or  repaired.  The  proceeds  of  such 
fsale  shall  go,  first,  to  the  discharge  of  such  lien,  and  the  costs  of 
keeping  the  same ;  and,  secondly,  the  remainder,  if  any,  shall  ba 
paid  oy<jr  fco  the  owner  or  owners  thereof* 


HEN  LAWS   OP  THE  DIFFERENT  STATES,  otfl 

CALIFORNIA. — To  secure  a  lien  for  any  sum  over  $200,  there 
must  be  a  contract  or  memorandum  in  writing  signed  by  the 
party  sought  to  be  charged.  If  by  the  contract  between  owner 
and  principal,  mechanic  or  contractor,  payments  are  to  be  made 
in  instalments,  or  at  specified  times,  or  when  all  work  is  done, 
the  party  seeking  to  secure  his  iien  must  notify  the  owner  of  his 
claim  prior  to  the  time  when  such  payment  would  be  due. 

MINNESOTA. — Any  person  laboring  on,  or  ^  furnish  ing'  labor  or 
materials  for  constructing,  altering,  or  repairing,  any  dwelling- 
house  or  other  building,  snail  have  a  lien  upon  the  same,  and  also 
upon  the  land  attached  thereto,  for  the  term  of  twelve  ^months, 
provided  such  land  shall  not  exceed  forty  acres ;  or  if  within  the 
limits  of  any  city,  town,  or  village  plot,  one  acre ;  and  such  lien 
shall  have  precedence  of  all  other  liens  subsequent  to  the  con- 
struction,  alteration  or  repairing  of  such  building.  Tlu-dehtf}* 
services  or  materials,  as  aforesaid,  shall  not  remain  a  lien  on  such 
land  or  building,  for  a  longer  period  than  sixty  days  after  the  per« 
son  performing  such  services,  or  furnishing  such  materials,  has 
ceased  so  to  do,  unless  he  shall  lodge  with  the  Register  of  Deeds 
of  the  county  in  which  said  building  is  situated,  a  certificate^  in 
writing,  describing  the  premises,  the  amount  claimed  as  a  Hen 
thereon,  and  the  date  of  the  commencement  of  the  claim,  which 
certificate  shall  be  recorded  by  the  Register  of  Deeds.  Nor^  shall 
the  debt  for  services  or  material,  as  aforesaid,  remain  a  lien  on 
such  land  or  building,  for  a  longer  period  than  one  year  after  such 
certificate  in  writing  has  been  so  lodged  with  the  Register  of 
Deeds,  unless  an  action  for  the  recovery  thereof  be  instituted  within 
the  said  year.  The  plaintiff  may,  at  any  time  after  filing  his 
certificate  as  above  provided,  serve  a  summons  and  notice  on  the 
defendant,  and  proceed  to  judgment  as  in  other  actions,  but  the 
lien  hereby  created  shall  cease  to  exist  after  the  expiration  of  one 
year  from  the  time  the  labor  was  performed,  or  the  materials  fur- 
nished, unless  a  summons  be  issued  and  served  within  that  time. 

OREGON. — Any  person  who  shall,  by  virtue  of  any  contract  with 
the  owner  of  any  building,  or  with  the  agent  of  such  owner,  per- 
form any  labor  upon,  or  furnish  any  materials,  engine,  or  machine- 
ry for  the  construction  or  repairing  of  such  building,  shall,  upon 
filing  a  notice  in  the  Recorder's  office  of  the  county  in  which  such 
building  is  situated,  at  any  time  within  three  months  after  the 
completion  of  such  building  or  repairs,  stating  his  intention  to 
hold  a  lien  upon  such  building  for  the  amount  due,  or  to  become 
due,  specifically  setting  forth  such  amount,  and  containing  a 
description  of  the  building  upon  which  the  labor  was  performed, 
or  for  which  the  materials,  engine,  and  machinery  were  furnished, 
euch  lien  shall  cease  to  exist  at  the  expiration  of  one  year  after 
fehe  completion  of  the  building  or  repairs,  unless  before  that  tiaaa 


562  HEN  LAWS   OF  THE   DIFFERENT  STATES* 

an  action  to  enforce  the  same  shall  have  been  commenced  in  the 
district  court  of  the  county  in  which  the  premises  are  situated,  by 
the  person  having  such  lien,  against  the  owner  with  whom,  OP 
with  whose  agent,  the  contract  was  made,  unless  such  claim  bo 
not  due  at  the  expiration  of  one  year  after  such  completion,  in 
which  case  the  action  shall  be  commenced  within  three  months 
after  the  same  shall  have  become  due.  Such  lien  against  any 
building  shall  also  extend  to  the  lot  of  ground  upon  which  such 
building  is  erected,  not  exceeding  one  half  of  an  acre  in  extent, 
if  the  land  shall  have  been,  at  the  time  of  erecting  such  building, 
the  property  of  the  person  who  shall  have  caused  the  same  to  be 
erected. 

Every  boat  or  vessel  used  in  navigating  the  waters  of  this  State 
and  Territory,  shall  be  liable  and  subject  to  a  lien  for  wages  duo 
to  persons  employed,  for  work  done  or  services  rendered  an  board 
of  such  boat  or  vessel ;  for  all  debts  contracted  by  the  master 
owner,  agent,  or  consignee  thereof,  on  account  of  labor  done, 
or  materials  furnished  by  mechanics,  tradesmen  or  others,  in  tho 
building,  repairing,  fitting  out,  furnishing,  or  equipping  such  boat 
or  vessel,  or  on  account  of  stores  and  supplies  furnished  for  the 
use  thereof;  for  all  sums  due  for  wharfage,  anchorage,  or  towago 
of  such  boats  or  vessels;  and  such  lien  shall  have  precedence  of 
all  other  liens  and  claims  against  such  boat  or  vessel ;  all  actions 
against  a  boat  or*  vessel,  shall  be  commenced  within  one  year 
after  the  cause  of  action  shall  have  accrued. 

DISTRICT  OF  COLUMBIA. — There  is  a  conditional  lien  law  on 
buildings  in  the  city  of  Washington  which  enacts,  that  for  all  sums 
due  and  owing  on  written  contracts,  for  the  building  of  any  house  in 
the  said  city,  or  the  brick  work,  or  carpenter  or  joiners'  work 
thereon,  the  undertaker  or  workmen  employed  by  the  person  for 
whose  use  the  house  shall  be  built,  shall  have  a  lien  on  the  house 
and  the  ground  on  which  the  same  is  erected,  as  well  as  for  the 
materials  found  by  him :  provided  the  said  written  contract  shall 
have  been  acknowledged  before  one  of  the  Commissioners,  a  Jus- 
tic  of  the  Peace,  or  an  alderman  of  the  Corporation  of  George- 
town, and  recorded  in  the  office  of  the  clerk  for  recording  deeds, 
within  six  calendar  months  from  the  time  of  acknowledgment  as 
aforesaid;  and  if  within  two  years  after  the  last  of  the  work  is 
done,  he  proceeds  in  equity,  he  shall  have  remedy  as  upon  a  mort- 
gage, or  if  he  proceeds  at  law  within  the  same  time  he  may  have 
execution  against  the  house  and  land,  in  whose  hands  soever  the 
same  may  be ;  but  this  remedy  shall  be  considered  as  additional 
only ;  nor  shall,  as  to  the  land,  take  place  of  any  legal  incumbrancc 
made  prior  to  the  commencement  of  such  claim. 

NEBRASKA. — Any  person  who  shall  perform  any  labor,  or  furnish 
»oy  material  or  machinery,  for  the  erecticnj  reparation,  or  re 


LIES'  LA.WS   OF   THE   DUPFEBEICT  STATES*  80S 

moval  of  any  bouse,  mill,  manufa'Dry,  or  other  building,  or  ap- 
purtenance,  by  virtue  of  a  contract-  or  agreement,  expressed  or  im- 
plied, with  the  owner  thereof  or  his  agent,  shall  have  a  lien  to 
secure  the  payment  of  the  same,  upon  such  house,  mill,  manufac- 
tory, or  other  buildings  or  appurtenance,  and  the  lot  of  land  on 
which  the  same  shall  stand. 

Any  person  or  persons  entitled  to  a  lien  under  this  act  shall 
make  an  account  in  writing  of  the  items  of  labor,  skill,  machinery 
and. material  furnished,  or  either  of  them,  as  the  case  may  be,  and 
after  making  oath  thereto  shall,  within  four  months  from  the  time 
of  performing  such  labor  and  skill,  or  furnishing  such  machinery 
and  material,  file  the  same  in  the  Recorder's  office  of  the  county  in 
which  such  labor,  skill  and  materials  shall  have  been  furnished, 
and  when  thus  recorded,  it  shall,  for  two  years  after  the  comple- 
tion of  such  labor,  or  the  furnishing  of  such  materials,  operate  aa 
a  lien  on  the  several  descriptions  of  structures  and  buildings, 
and  the  lots  on  which  they  stand. 

WASHINGTON. — All  mechanics,  and  all  persons  performing 
labor,  or  furnishing  materials  for  the  construction  or  repair  of 
any  building,  may  have  a  lien,  separately  or  jointly,  upon  the 
building  which  they  may  have  constructed  or  repaired,  or  upon 
any  building,  mill,  or  other  manufactory,  for  which  they  may 
have  furnished  materials  of  any  description,  and  on  the  interest 
of  the  owner  in  the  lot  or  land  on  which  it  stands,  to  the  extent 
of  the  value  of  any  labor  done,  or  materials  furnished,  or  for 
both,  when  the  amount  shall  exceed  fifty  dollars;  such  lien  shall 
be  filed  in  the  Recorder's  office  of  the  county  in  which  such 
building  is  situated,  at  any  time  within  sixty  days  after  the  com- 
pletion of  such  building  or  repairs ;  and  such  lien  may  remain 
in  force,  by  filing  a  complaint  in  the  District  Court  of  the  county, 
at  any  time  within  one  year  from  the  completion  of  the  work,  or 
furnishing  materials  ;  or,  if  a  credit  be  given,  from  the  expira- 
tion of  the  credit. 

NEVADA. — Buildings. — All  artisans,  builders,  mechanics,  lum- 
ber merchants,  and  all  other  persons  performing  labor,  or  fur- 
nishing materials,  to  the  amount  of  twenty-five  dollars  and 
upwards,  for  the  construction  or  repairing  of  any  building  or 
superstructure,  shall  have  a  lien  therefor  upon  the  same,  and  also 
upon  the  land  attached  thereto ;  provided  the  person  furnishing 
such  labor  or  materials  shall,  within  sixty  days  after  the  comple- 
tion of  such  building,  file  in  *he  County  Clerk's  Office  of  the 
county  in  which  such  building  is  situated,  a  just  and  true  account 
of  the  demands  due  to  him  after  deducting  all  proper  credits 
and  offsets,  and  shall  verify  such  account  by  his  own  oath,  or  the 
oath  of  sonic  other  person,  and  shall  also  file  at  the  same  time  a 


884  MEW   LAWS    OF   THB   DIFFER  EOT   STATED 

correct  description  of  the  property  to  bo  charged  with  said  lien. 
If  such  lien  is  claimed  by  a  sub-contractor  performing  labor  or 
furnishing  materials,  the  "account  aforesaid  shall  be  filed  within 
thirty  days  after  the  work  was  done,  or  the  materials  were  fur- 
nished by  him,  and  within  five  days  after  the  filing  of  said  ac- 
count as  aforesaid,  he  shall  serve  a  copy  thereof  on  the  owner  of 
such  building  or  superstructure,. or  the  agent  of  such  owner,  if 
the  latter  reside  out  of  the  county  in  which  the  building  is  situ 
ated,  by  delivering  the  same  to  him  personally,  or  by  leaving  it 
at  his  usual  place  of  residence.  If  such  owner  do  not  reside 
within  the  county,  and  have  no  agent  therein,  service  of  the  copy 
aforesaid  may  be  made  by  posting  the  same  in  a  conspicuous 

Slace  on  the  building  or  superstructure  to  be  charged  with  such 
en. 

Every  sub-contractor,  journeyman,  laborer,  or  other  person  per- 
forming labor,  or  furnishing  materials,  shall  have  a  valid  lien 
upon  the  building  or  superstructure  on  which  such  labor  was 
performed,  and  for  which  such  materials  were 'furnished,  regard- 
less of  the  claims  of  the  contractor  against  the  owner  of  such 
building ;  but  if  any  money  be  due,  or  is  to  become  due,  under 
the  contract  from  said  owner  to  said  contractor,  on  being  served 
with  a  notice  by  a  sub-contractor,  as  provided  in  the  last  pre- 
ceding section,  said  owner  may  withhold  out  of  the  first  money 
due,  or  to  become  due  under  the  contract,  a  sufficient  sum  to 
cover  the  lien  claimed  by  such  sub-contractor,  journeyman  or 
laborer,  until  the  validity  thereof  shall  have  been  established  by 
•proper  legal  proceedings,  if  the  same  be  contested. 

No  such  lien  shall  bind  any  building  or  superstructure  for  a 
longer  period  than  six  months  after  filing  the  same,  unless  a  suit 
be  brought  in  a  proper  court  within  that  time  to  enforce  the 
same,  or,  if  a  credit  be  given,  then  within  six  months  after  the 
expiration  of  the  credit ;  but  no  lien  shall  be  continued  in  force 
for  a  longer  time  than  two  years  from  the  time  the  work  is  com- 
pleted, of  the  materials  furnished,  by  any  agreement  to  give 
credit. 

Said  liens  may  bo  enforced  by  a  suit  in  any  court  of  competent 
jurisdiction,  on  setting  forth  in  the  complaint  the  particulars  of 
such  demand,  with  a  description  of  the  premises  sought  to  be 
charged  with  said  lien;  and  at  the  time  of  filing  the  complaint 
and  issuing  summons,  the  plaintiff  shall  cause  a  notice  to  b3  pub- 
lished, at  least  once  a  week  for  three  consecutive  weeks,  in  some 
newspaper  published  in  the  county,  if  there  be  one,  and  if  not, 
then  in  such  mode  as  the  court  shall  direct,  notifying  all  persona 
holding  or  claiming  liens  under  the  provisions  of  this  act,  on 
Baid  premises,  to  be  and  appear  in  said  court  on  a  day  specified 
therein,  and  during  the  regular  term  of  such  court,  and  to  ex- 
Uihit,  then  and  there,  the  proof  of  said  liens.  On  ascei'tainiag 


LIE!*   LATVS    OF   THE   DIFFERENT   STATES.  0&> 

tlie  whole  amount  of  said  liens  with  which  the  said  premises  are 
justly  chargeable,  as  hereinbefore  provided,  the  oourt  shall  cause 
said  premises  to  be  sold  in  satisfaction  of  said  liens  and  costs  of 
suit,  and  any  party  in  whose  favor  such  judgments  may  be 
rendered,  may  cause  the  premises  to  be  sold  within  the  time, 
and  in  the  manner  provided  for  sales  on  execution  at  law,  and  if 
the  proceeds  of  such  sale  shall  not  be  sufficient  to  satisfy  the 
whole  of  such  liens,  established  as  aforesaid,  then  the  same  shall 
bs  apportioned  according  to  the  rights  of  the  several  parties. 

Nothing  herein  contained  shall  be  construed  to  take  away,  or 
affect  in  any  manner,  any  action  which  any  such  contractor, 
laborer,  sub-contractor,  or  other  person  performing  labor  or  fur- 
nishing materials  for  such  building  or  superstructure,  would 
otherwise  have  against  his  employer. 

DAKOTA — Vessels. — Every  boat  or  vessel,  used  in  navigating 
the  waters  of  this  territory,  shall  be  liable  for  all  debts  contracted 
by  the  master,  owner,  agent,  or  consignee  thereof,  on  account  of 
supplies  furnished  for  the  use  of  such  boat  or  vessel,  on  account 
of  work  done  or  services  rendered  on  board  of  such  boat  or  ves- 
sel, or  on  account  of  labor  done  or  material  furnished  by  me- 
chanics, tradesmen,  or  others,  in  and  for  building,  repairing, 
fitting  out,  furnishing,  or  equipping  such  boat  or  vessel ;  for  all 
sums  due  for  wharfage  or  anchorage  of  such  boat  or  vessel  in 
this  territory ;  for  all  demands  or  damages  accruing  from  the 
non-performance  of  any  contract  of  affreightment,  or  any  con- 
tract touching  the  transportation  of  persons  or  property,  entered 
into  by  the  master,  owner,  agent,  or  consignee  of  the  boat  or 
vessel,  on  which  said  contract  is  to  be  performed,  and  for  all 
injuries  done  to  persons  or  property  by  such  boat  or  vessel. 

Any  person  having  a  demand  as  aforesaid,  instead  of  proceed- 
ing for  the  recovery  thereof  against  the  master,  owner,  agent  or 
consignee  of  a  boat  or  vessel,  may,  at  his  option,  institute  suit 
against  the  boat  or  vessel  by  name. 

Any  plaintiff  wishing  to  institute  suit  against  a  boat  or  vessel, 
shall  tile  his  complaint  against  such  boat  or  vessel  by  name,  with 
the  Clerk  of  the  District  Court  of  the  county  in  which  such  boat 
or  vessel  shall  be  or  lie,  and  he  shall  set  forth  his  demand  in  all 
its  particulars,  and  on  whose  account  the  same  accrued :  it  shall 
be  verified  by  the  plaintiff,  or  some  credible  person  for  him. 

Whenever  any  complaint,  as  aforesaid,  shall  be  filed  in  the 
office  of  the  Clerk  of  the  District  Court,  it  shall  be  his  duty  to 
issue  a  warrant  returnable  in  twenty  days,  directing  and  author- 
izing the  Sheriff  to  seize  the  boat  or  vessel  mentioned  in  the 
complaint,  and  detain  the  same  in  his  custody,  together  with  its 
tackle,  apparel,  and  furniture,  until  discharged  from  such  cua- 
tody  by  due  course  of  law. 


8  66  LIHIT  IAWS    OF  TB.J&   DIFFERENT  STATES. 

Buildings. — Any  person  who  has  a  subsisting  cause  of  action 
to  the  amount  of  ten  dollars  and  upwards  for  any  labor  per- 
formed upon  any  lands,  tenements,  or  hereditaments,  or  for 
any  materials  furnished  for  any  improvements  upon  any  lands, 
or  buildings,  may,  at  any  time  within  ninety  days  next  after 
such  cause  of  action  shall  have  accrued,  file  his  complaint 
as  in  other  cases,  and  serve  a  notice  upon  the  defendant ;  and 
such  complaint  shall,  in  addition  to  the  facts  necessary  to  consti- 
tute a  cause  of  action,  contain  an  accurate  description  of  the 
location  of  the  lands  and  buildings  upon  which  the  labor  was 
performed,  or  for  the  improvement  of  which  the  materials  were 
furnished ;  and  shall  also  allege  that  the  defendant  therein  named 
is  the  owner  of,  or  has  some  interest  in,  such  lands  or  buildings, 
and  that  such  labor  was  performed,  or  such  materials  furnished, 
pursuant  to  an  agreement,  expressed  or  implied,  between  the 
plaintiff  and  defendant  or  his  agent ;  the  said  complaint  shall, 
as  soon  as  filed  in  the  office  of  the  Clerk  of  the  District  Court  of 
the  proper  county,  constitute  and  be  a  lien  upon  the  property 
therein  described,  in  favor  of  the  plaintiff,  to  the  extent  of  the 
defendant's  title  or  interest  therein. 

When  the  complaint  does  not  allege  that  the  labor  was  per- 
formed or  the  materials  furnished,  pursuant  to  an  agreement 
with  the  defendant,  but  shall  allege  that  the  labor  was  per- 
formed or  the  materials  furnished  pursuant  to  an  agreement  with 
some  contractor  therein  named,  which  contractor  was  employed 
by  the  defendant  or  his  agent,  and  that  the  plaintiff  was  em- 
ployed by  said  contractor,  and  had  served  a  notice  in  writing 
upon  the  defendant  or  his  agent,  to  the  effect  that  he,  the  plain- 
tiff, was,  or  had  been,  employed  by  the  said  contractor  to  per- 
form labor  thereon,  or  to  furnish  materials  for  the  improvement 
of  such  lands  and  buildings,  and  relied  upon  him,  the  defendant, 
or  upon  such  lands  and  buildings  for  his  pay,  then  the  filing  of 
such  complaint  shall  constitute  and  be  a  lien  in  favor  of  the 
plaintiff,  the  same  as  provided  in  the  preceding  section,  to  the 
amount  that  the  defendant  was  indebted  to  the  said  contractor, 
when  the  notice  was  served  upon  him  or  his  agent,  and  to  the 
amount  in  which  the  defendant  became  indebted  to  said  con- 
tractor after  the  service  of  said  notice,  and  before  the  expiration 
of  the  plaintiff's  lien. 

The  plaintiff  may,  at  any  time  after  filing  his  complaint  as 
above  provided,  serve  a  notice  on  defendant,  and  proceed  to 
judgment  as  in  otjier  actions ;  but  the  lien  hereby  created  shall 
cease  to  exist  after  ninety  days  from  the  time  the  labor  was  per 
formed,  or  the  materials  furnished,  unless  a  notice  be  served  with 
in  that  time. 


LIEN   LAWS    02-   THE   DIFFERENT   STATES.  367 

COLORADO. — Any  person  who  lias  a  subsisting  cause  of  action  to 
the  amount  of  tea  dollars  and  upwards,  for  any  labor  performed 
upon  any  lands,  tenements,  or  hereditaments,  or  for  any  materials 
furnished  for  any  improvements  upon  any  lands  or  buildings,  may, 
at  any  time  within  one  year  next  after  such  cause  of  action  shall 
have  accrued,  file  his  complaint-  as  in  other  cases,  and  serve  a 
notice  upon  the  defendant ;  and  such  complaint  shall,  in  addition 
to  the  facts  necessary  to  constitute  a  cause  of  action,  contain  an 
accurate  description  of  the  location  of  the  lands  and  buildings 
upon  which  the  labor  was  performed,  or  for  the  improvement  of 
which  the  materials  were  furnished ;  and  shall  also  allege  that 
the  defendant  therein  named  is  the  owner  of,  or  has  some  interest 
in,  such  lauds  or  buildings,  and  that  such  labor  was  performed, 
or  such  materials  furnished,  pursuant  to  an  agreement,  expressed 
or  implied,  between  the  plaintiff  and  defendant  or  Ms  agent ;  the 
said  complaint  shall,  as  soon  as  filed  in  the  office  of  the  Clerk  of 
the  District  Court  of  the  proper  county,  constitute  and  be  a  lien 
upon  the  property  therein  described,  in  favor  of  the  plaintiff,  to 
the  extent  of  the  defendant's  title  or  interest  therein. 

"When  the  complaint  does  not  allege  that  the  labor  was  per- 
formed or  the  materials  furnished,  pursuant  to  an  agreement 
with  the  defendant,  but  shall  allege  that  the  labor  was  per- 
formed or  the  materials  furnished  pursuant  to  an  agreement  with 
some  contractor  therein  named,  which  contractor  was  employed 
by  the  defendant  or  his  agent,  and  that  the  plaintiff  was  em- 
ployed by  said  contractor,  and  had  served  a  notice  in  writing 
upon  the  defendant  or  his  agent,  to  the  effect  that  he,  the  plain- 
tiff, was,  or  had  been  employed  by  the  said  contractor,  to  per- 
form labor  thereon,  or  to  furnish  materials  for  the  improvement 
of  such  lands  and  buildings,  and  relied  upon  him,  the  defend- 
ant, or  upon  such  lands  and  buildings  for  his  pay,  then  the 
filing  of  surh  complaint  shall  constitute  and  be  a  lien  in  favor 
of  the  plaintiff,  the  same  as  provided  in  the  preceding  section, 
to  the  amount  that  the  defendant  was  indebted  to  said  contractor 
when  the  notice  was  served  upon  him  or  his  agent,  and  to  the 
amount  in  which  the  defendant  became  indebted  to  said  con- 
tractor after  the  service  of  said  notice,  and  before  the  expira- 
tion of  the  plaintiff's  lien. 

The  plaintiff  may,  at  any  time  after  filing  his  complaint  as 
above  provided,  serve  a  notice  on  defendant,  and  proceed  to 
judgment  as  in  other  actions,  but  the  lien  hereby  created  shall 
cease  to  exist  one  year  from  the  time  the  labor  was  performed  or 
the  materials  furnished,  unless  a  notice  be  served  within  that 
time,. 

KANSAS. — Sec.  1.  Any  person  who  shall,  under  contract  with 
the  owner  of  any  tract  of  land  or  lots,  furnish  materials  or  per- 
form labor  for  erecting,  repairing  or  altering  any  building  or  the 


368  LIEN   LAWS    OF   THE   DIFFERENT   STATES. 

appurtenances  of  any  building  on  such  land,  lot  or  lots,  shall 
have  a  lien  from  the  time  of  making  such  contract  upon  the 
whole  tract  of  land,  lot  or  lots,  the  building  and  appurtenances, 
m  the  manner  herein  provided,  for  the  amount  due  to  him  for 
such  labor  or  materials.  31 

Sec.  2.  The  lien  shall  extend  to  all  work  done  and  materials 
furnished  under  the  provisions  of  the  contract,  whether  the  kind 
or  quality  of  the  work,  or  materials,  or  amount  to  be  paid  be 
specified  or  not. 

Sec.  3.  When  any  sum  due  by  such  contract  shall  remain  un- 
paid after  the  same  is  payable,  the  creditor  may,  in  a  suit  upon 
petition  filed  in  the  district  court  of  the  county  in  which  the  land, 
lot  or  lots  lie,  obtain  an  order  for  the  sale  thereof,  and  for  apply- 
ing the  proceeds  of  such  sale  to  the  discharge  of  his  demands ; 
and  the  filing  of  the  petition  and  precipe  in  the  clerk's  office 
shall  be  deemed  the  commencement  of  the  suit. 

Sec.  4.  The  petition  shall  contain  a  statement  of  the  cause  of 
action,  with  a  description  of  the  premises  subject  to  the  lien;  the 
summons  shall  be  similar  to  and  served  as  in  other  cases ;  con- 
structive service  may  be  had  as  provided  by  law  in  other  cases. 

Sec.  5.  Every  person  who  has  or  claims  any  lien  upon,  or  right 
or  interest  in  or  to  siach  building,  appurtenances,  land,  lot  or  lots, 
or  any  part  thereof,  by  virtue  of  this  act  or  otherwise,  may  be  a 
defendant  in  such  suit,  and  have,  his  rights  adjudicated  therein, 
and  may  in  his  answer  state  such  lien,  right  or  interest,  and  his 
doing  so  shall  be  deemed  the  commencement  of  a  suit. 

WESTERN  VIRGINIA.  —  1.  Every  mechanic,  builder,  artisan, 
workman,  laborer  or  other  person  who  shall  do  or  perform  any 
work  or  labor  upon,  or  furnish  any  material,  machinery  or  fixtures 
for  any  building,  erection  or  other  improvement  upon  land,  in 
eluding  contractors,  sub-contractors,  material  furnishers,  mechan- 
ics and  laborers  engaged  in  the  construction  of  any  railroad  01 
other  work  of  internal  improvement,  or  for  the  work  of  labor 
done  on  any  steamboat  or  other  water-craft,  or  materials  furnished 
for  the  same,  or  for  the  repairing  of  _the  same,  under  and  by  vir- 
tue ot  any  contract  with  the  owner  or  proprietor  thereof,  his 
agent,  trustee,  contractor  or  sub-contractor,  shall  have  a  lien  upon 
such  building,  erection  or  improvement,  and  upon  the  land  be- 
longing to  such  owner  or  proprietor  on  which  the  same  is  situat 
ed,  to  secure  che  payment  of  such  work  or  labor  done,  or  materi- 
als, machinery  or  fixtures  furnished. 

2.  Every  sub-contractor  wishing  to  avail  himself  of  the  benefits 
of  this  act  shall  give  notice  to  the  owner  or  proprietor,  or  his 
agent  or  trustee,  before  or  at  the  time  he  furnishes  any  of  the 
material  aforesaid  or  performs  any  of  the  labor,  of  his  intention 


3.  If  the  contractor  shall,  for  any  reason,  fail  or 
and  sign  such  settlement  in  writing  with  the  sub-c 


1,1  KN    LAWS    OF    THE    DIFFERENT    STATES.  369 

to  furmsh  or  perform  the  same,  and  the  probable  value  thereof; 
and  if  afterwards  the  materials  are  furnished  or  labor  done,  the 
sub-contractor  shall  settle  with  the  contractor  therefor,  and  hav- 
ing made  the  settlement  in  writing,  the  same,  signed  by  the  con- 
tractor and  certified  by  him  to  be  just,  shall  be  presented  to  the 
owner  or  proprietor,  or  liia  agent  or  his  trustees,  and  left  with 
him ;  and  within  thirty  days  from  the  time  the  materials  shall 
have  been  furnished,  or  the  labor  performed,  the  sub  contractoi 
.  shall^file  with  the  recorder  of  the  county  in  which  the  building, 
erection,  boat,  water-craft  or  other  improvement  is  situated,  a 
copy  of  the  settlement  between  him  and  the  contractor,  which 
shall  be  a  lien  on  the  building,  erection,  boat,  water-craft  or  other 
improvement  for  which  the  materials  were  furnished  or  for  which 
the  labor  wa3  performed ;  and  shall  at  the  same  time  file  a  cor- 
rect description  of  the  property  to  be  charged  with  the  lien,  the 
correctness  of  which  shall  be  verified  by  affidavit. 

refuse  to  make 
sub-contractor  when 

the  same  is  demanded,  then  the  sub-contractor  shall  make  a  just 
and  true  statement  of  the  work  and  labor  done  or  materials  fur- 
nished by  him,  giving  all  credits,  which  he  shall  present  to  the 
owner  or  proprietor,  or  his  agent  or  trustee ;  and  shall  also,  within 
thirty  days,  file  a  copy  of  the  same,  verified  by  affidavit,  with 
the  Recorder  of  the  county  in  which  the  building,  erection,  boat, 
•>r  other  improvement  may  be  situated,  together  with  a  correct 
description  of  the  property  to  be  charged  with  the  lien. 

4.  The  certificate  of  settlement  made  ns  aforesaid,  or  the  state- 
ment of  the  sub-contractor,  shall  be  a  justification  to  the  employer 
m  witholding  froai  the  contractor  the  amount  appearing  thereby 
io  be  due  to  the  sub-contractor  until  he  is  satisfied  that  the  same 
lias  been  paid,  and  the  employer  shall  become  the  surety  of  the 
contractor  to  the  sub-contractor  for  the  amount  due  for  such 
work  and  labor  or  materials  furnished,  not,  however,  exceeding 
the  value  thereof,  as  notified  under  section  second. 

5.  The  notices  mentioned  shall  be  served  as  other  notices  aro 
directed  to  be  served. 

6.  It  shall  be  the  duty  of  every  person,  except  as  has  been  pro- 
vided for  sub-contractors,  who  wishes  to   avail  himself  of  th« 
provisions  of  this  act,  to  file  with  the  recorder  of  the  county  in 
which  the  building,  erection  or  other  improvement  to  be  charged 
with  lien  is  situated,  and  within  ninety  days  after  the  materials 
aforesaid  shall  have  been  furnished,  or  the  work  and  labor  done 
or  performed,  a  just  and  true  account  of  the  demand  due  or 
owing  to  him,  after  allowing  all  credits,  and  containing  a  correct 
description  of  the  property  to  be  charged  with  said  lien,  and  tes- 
ti  fieri  bv  rt-fnVlnvif.. 


370  LIEN   LAWS    OF    THE    DIFFERENT    STATES. 

7.  It  shall  be  the  duty  of  the  recorder  of  the  county  to  endorse 
upon  every  account  the  date  of  filing,  and  record  the  same  in  a 
book  by  him  to  be  kept  for  that  purpose,  to  be  called  the  "  Me- 
chanics1 Lien  Record,"  properly  indexed  ;  and  he  shall  state  the 
time  of  the  filing  of  the  same,  the  description  of  the  property  to 
be  charged  by  the  said  lien  ;  and  shall,  when  duly  required,  enter 
satisfaction  on  the  same,  for  which  said  recorder  shall  receive  in 
each  case  the  sum  of  one  dollar,  to  be  paid  by  the  person  impos- 
ing the  lien,  which  shall  be  taxed  and  collected  as  other  costs  in 
ca«e  there  be  a  suit  thereon. 

8.  Wherci  there  are  several  contractors  under  the  same  employ- 
er, for  the  building  or  erection  or  other  improvement,  or  for  work 
or  labor,  or  for  materials  furnished  for  the  same,  the  said  several 
lienors  shall  have  no  priority  of  lien  for  such  work  and  labor  or 
materials  furnished ;  and  if  the  said  structure  and  the  ground  on 
which  the  same  is  situated  be  not  sufficient  to  pay  the  expense? 
of  the  whole  structure,  the  said  laborers  and  material  men  shall 
be  paid  pro-rata. 

9.  The  entire  land  upon  which  any  such  building,  erection  or 
other  improvement  is  situated,  including  as  well  that  part  of  said 
land  which  is  not  covered  with  such  building,  erection  or  im- 
provement, shall  be  subject  to  all  liens  created  by  this  act,  to  the 
extent,  and  only  to  the  extent,  of  all  right,  title  and  interest 
owned  therein  by  the  owner  or  proprietor  of  such  building,  erec- 
tion or  other  improvement,  for  whose  immediate  use  or  benefit 
such  labor  was  done  or  materials  were  furnished  ;  and  when  the 
interest  owned  in  said  land  by  such  owner  or  proprietor  of  such 
building  is  only  leasehold  interest,  the  forfeiture  of  such  lease  for 
the  flon-payment  of  rent  or  for  non-compliance  with  any  other 
stipulations  therein,  shall  not  forfeit  or  impair  such  liens  so  far 
as  it  concerns  the  building,  erection  and  improvement  thereon, 
put  by  such  owner  or  proprietor  charged  with  such  lien ;  but 
such  building,  erection  or  improvement  may  be  sold  to  satisfy 
such  lien,  and  be  moved  within  thirty  days  ufter  such  sale  by  the 
undertaker. 

10.  The  lien  for  materials  aforesaid,  or  work,  shall  attach  to 
the  building,  erection  or  improvement  for  which  they  were  fur- 
nished, or  the  work  was  done,  in  preference  to  any  prior  lien  or 
incumbrance  or  mortgage  or  deed  of  trust  upon  the  land  upon 
which  said  building,  erection  or  improvement  has  been  erected  or 
put ;  and  any  person  enforcing  such  lien  may  have  such  building, 
erection  or  improvement  sold,  and  the  purchaser  may  remove  the 
Bame  within  a  reasonable  time  thereafter. 

11.  Any  person  having  a  lien  under  or  by  virtue  of  this  act, 
may  file  a  bill  in  Chancery  to  enforce  tlie  same ;  and  any  other 


PEDLER'S  LICENSE  TO  SELL  GOODS.  371 

person  having  a  lien  thereon  may  file  his  petition  in  the  said  case 
and  be  made  defendant  therein  *and  make  his  claim  in  the  same 
manner  as  though  he  had  been  plaintiff  in  the  case,  according  to 
the  practice  in  courts  of  Chanceiy. 

12.  In  case  of  death  of  any  of  the  parties,  whether  before  or 
after  suit,  the  personal  representative  of  such  deceased  party  shall 
be  made  the  plaintiff  or  defendant,  as  the  case  may  require. 

13.  All  persons  furnishing  materials  or  doing  work  provided 
for  -by  this  act  shall  be  considered  sub-coniractors,  except  such  as 
have  contracted  therefor  singly  with  the  owner,  proprietor,  his 
agent  or  trustee. 

14.  Nothing  herein  contained  shall  be  so  construed  as  to  give 
a  sub-contractor  or  laborer  a  lien  for  any  amount  greater  than 
that  originally  contracted  for  between  the  employer  and  con- 
tractor. 

15.  No  person  who  shall  take  collateral  security  for  the  pay- 
ment of  the  money  for  any  structure  shall  be  entitled  to  the  lien 
provided  in  this  act ;  but  the  taking  the  note  or  bill  of  exchange 
of  the  party  liable  shall  not  be  construed  such  security. 


PEDLERS'    LICENSE 

TO    SELL      GOODS    IN     THE     VARIOUS     STATES. 

LICENSES  are  good  in  most  of  the  States  for  one  year;  though 
in  many  of  them  licenses  can  be  taken  out  for  six  and  even  foi 
three  months,  at  the  same  pro-rata  cost  as  if  taken  for  a  whole 
year.  In  California,  however,  a  license  is  good  only  jor  one 
month. 

Licences  are  not  required  to  peddle  farm  or  plantation  produce, 

nor  in   most  States,  for  books,  charts,  or  stationary ;  nor  yet  for 

peddling  any  productions  manufactured   in  the  State ;  but   for  all 

the  productions  of  other  States  or  countries,  a  license  must  invari- 

bly  be  had. 

8  RW-YoRK. — No  person  shall  be  authorized  to  travel  from  place 
to  place,  for  the  purpose  of  selling  any  wares,  goods,  or  mer- 
chandise, of  the  growth,  produce,  or  manufacture  of  a  foreign 
country,  unless  he  shall  have  obtained  a  license  as  a  hawker  and 
pedler.  This  license  may  he  obtained  of  the  Secretary  of  State, 
on  a  statement  in  writing  of  the  manner  in  which  the  applicant 
designs  to  travel :  if  on  foot,  the  sum  of  twenty  dollars  for  one 
year's  license;  if  to  carry  his  goods  with  a  single  horse  or  other 
beast,  thirty  dollars;  if  with  any  vehicle  drawn  by  more  than  one 
horse,  fifty  dollars:  which  several  sums  shall  be  reduced  proyor 
a^y  shorter  terra  not  less  than  six  months. 


372  TEDLRRS'    LICENSE  TO    SELL    GOODS. 

Any  public  officer  or  citizen  may  demand  of  any  hawker  or  pedler 
to  produce  his  license;  and  if  the  Tiawker  or  pedler  refuse,  such 
officer  or  citizen  may  arrest  him  without  any  further  warrant,  and 
convey  him  before  a  magistrate  who  may  fine  him  in  the  sum  of 
ton  dollars  for  such  refusal,  which  sum  shall  be  paid  over  to  the 
overseers  of  the  poor  of  the  town.  In  case  he  have  no  license,  he 
may  be  fined  twenty-five  dollars.  If  such  fine  be  not  paid,  the 
magistrate  may  issue  a  warrant  to  any  constable  to  seize  his  wares 
and  sell  them  at  public  vendue;  to  satisfy  the  same. 

NEW -JERSEY. — Any  person  not  a  resident  of  the  State,  who 
Bhall  be  found  vending  goods  from  place  to  plaoe  without  a 
license,  shall  forfeit  the  sum  of  twenty  dollars  for  each  offence — 
one  half  to  go  to  the  prosecutor,  the  other  to  the  Stute.  The 
license  may  be  obtained  by  the  Governor,  upon  a  recommendation 
for  that  purpose  by  the  Inferior  Court  of  Common  Pleas ;  if  for  a 
vehicle  to  be  drawn  by  one  or  more  horses  or  other  beasts,  the 
sum  of  fifteen  dollars  ;  if  on  foot,  eight  dollars. 

Any  person  lending  his  license  to  another  shall  lose  the  same, 
and  every  license  so  loaned  shall  become  void. 

Any  citizen  may  demand  to  see  any  hawker's  license,  and  if  the 
Bame  be  not  produced,  he  may,  without  further  warrant,  convey 
the  hawker  before  a  justice  of  the  peace,  who  shall  fine  him  in  the 
sum  of  fifty  dollars  for  each  offence. 

PENNSYLVANIA. — Any  citizen  may  peddle  his  own  goods.  But 
no  person  shall  be  licensed  as  a  hawker  or  pedler  unless  he  shall 
have  resided  at  least  one  year  in  the  county  in  which  such  appli- 
cation is  made,  and  shall  produce  satisfactory  evidence  on  oath 
from  at  least  two  respectable  practising  physicians  of  such  county 
that  such  applicant  is,  in  point  of  fact,  by  reason  of  bodily  disabil- 
ity, the  *yature  and  character  of  which  must  be  stated,  unable  to 
procure  a  livelihood  at  his  trade,  if  he  have  any,  or  by  bodily 
labor.  None  but  citizens  of  the  United  States  shall  obtain  licenses 
to  hawk  or  peddle,  and  such  licenses  shall  only  extend  to  the 
county  in  which  they  may  be  granted.  But  wholesale  pedlers 
may,  by  virtue  of  their  licenses,  vend  goods  throughout  the  State. 
The  applicant  must  give  bonds  in  the  sum  of  $300  for  his  good 
behavior  during  the  term  of  his  license,  and  must  also  satisfy  the 
officers  granting  the  license,  of  his  honesty  and  good  moral  char- 
acter. A  license  to  travel  on  foot,  $8  ;  with  a  vehicle  with  one 
horse,  $16  ;  with  a  vehicle  and  two  horses,  $25.  Licenses  may  be 
obtained  of  the  clerks  of  the  courts  of  Quarter  sessions  of  any 
county,  and  also  at  the  Mayor's  office  in  the  city  of  Philadelphia, 
Penalty  for  selling  without  a  license,  &50 ;  for  refusing  to  show 
his  license  to  any  citizen  who  may  demand  to  see  the  same,  $20. 

OHIO. — The  Clerk  of  the  Court  of  Common  Pleas  of  any  Bounty 
iiithfo  State  may  grant  a  licenss.  Fcr  a  license  fa  travel  on  foot 


PEDLEKS'   LICENSE  TO   SELL   GOODS.  373 

throughout  the  State,  $12 ;  on  horseback,  or  in  a  one-horse  wagon, 
$20 ;  in  a  two-horse  wagon,  $28 ;  in  a  boat  or  other  water  craft, 
$60.  A  pedler  refusing  to  show  a  license  to  any  citizen  who  may 
demand  t>  see  it,  shall  be  supposed  to  be  without  one,  and  may 
be  proceeded  against  en  such  ground,  and  fined  $50,  ten  per  cent 
of  which  shall  go  to  the  informer. 

NORTH  CAROLINA. — Any  person  hawking  or  peddling  goods 
(books  and  prints  excepted)  not  manufactured  in  the  States,  with- 
out a  license,  or  who  shall  refuse  when  called  upon  by  any  jus- 
tice' of  the  peace,  or  sheriif,  or  sheriff's  deputy,  to  show  the  same, 
shall  be  subject  to  indictment,  and  on  conviction  shall  be  fined 
or  impiisoned,  at  the  discretion  of  the  court. 

OREGON. — No  person  shall  ven^  goods  in  any  county. in  Oregon 
without  a  license  from  the  commissioners  of  said  county,  who 
may  assess  him  not  less  than  ten  nor  more  than  two  hundred  dol- 
lars per  year,  or  at  the  same  rate  for  any  shorter  period.  Any 
person  vending  without  such  license  shall  be  fined  not  less  than 
$50,  nor  more  than  $200  for  each  offence. 

RHODE  ISLAND.'— Any  person  peddling  goods  without  a  license 
shall  forfeit  the  sum  of  $50  for  each  offence — one-half  to  go  to  the 
prosecutor  (any  citizen),  and  one-half  to  the  State.  Any  pedler 
refusing  to  show  his  license  within  ten  minutes  from  when  called 
upon  by  any  citizen  to  show  the  same,  shall  lose  the  cost  of  prose- 
cution, even  though  it  shall  appear  on  trial  that  he  had  a  license, 
duly  issued,  at  the  time  of  the  offence.  But  any  citizen  may  ped- 
dle goods  manufactured  in  the  State.  Licenses  may  be  obtained  of 
the  general  treasurer:  for  selling  goods  of  foreign  manufacture, 
$100 ;  for  selling  goods  manufactured  in  the  United  States,  $75. 

VIRGINIA. — The  clerk  of  any  county  court  is  authorized  to  grant 
licenses,  on  satisfactory  proof  that  the  applicant  is  honest  and  of 
a  good  moral  character,  and  on  the  payment  by  the  latter  of  $20. 
Any  pedler  vending  goods  without  a  "license  shall  forfeit  $50 — 
one  moiety  to  go  to  the  informer,  the  remainder  to  the  State. 

VERMONT. — Licenses  for  peddling  in  this  State  are  as  follows  : 
For  travelling  on  foot,  $15 ;  if  in  a  vehicle  with  one  horse  or 
more,  $30 ;  and  if  he  carr}T  and  offer  for  sale  any  plated  or  gilded 
ware,  jewelry,  watches,  or  any  patent  medicines,  or  any  com- 
pound medicine,  the  composition  of  which  is  kept  secret  from 
the  public,  $GO.  Any  county  clerk  will  furn.sh  a  license.  Any 
pedler  vending  goods  without  a  license  shall  forfeit  a  sum  not 
exceeding  $300,  nor  less  than  $50.  Any  persrn  refusing  to  show 
his  license  to  any  citizen  when  called  upon  sc  to  do,  shall  forfeit 
the  sum  of  $20. 

WISCONSIN. — The  Secretary  of  State  has  authority  to  grant 
licenses  as  follows :  for  peddling  on  foot,  $10 ;  with  a  vehicle  and  a 
single  horse,  $20 ;  with  a  vehicle  drawn  by  two  horses,  $40 ;  a 
vehicle  with  more  than  two  horses,  $60.  Any  person  peddling 
without  a  license  shall  forfeit  $25  for  each  offence.  If  the  money 


3H  PEDLERS'    LICENSE    TO   SELL   GOODS. 

be  not  paid,  the  justice  may  issue  an  attachment  against  the  wares 
of  the  delinquent,  and  sell  the  same  at  vendue  to  satisfy  the  fine 
and  costs. 

CONNECTICUT. — Any  person  peddling  in  this  State  without  a 
license,  shall  forfeit  a  sum  not  exceeding  one  hundred  nor  less 
than  fifty  dollars— one  half  to, him  who  shall  prosecute,  the  other 
to  the  State.  Every  pedler  before  offering  goods  for  sale  in  any 
town,  shall  obtain  from  the  selectmen  of  such  town,  or  a  majority 
of  them,  a  license  to  do  the  same,  for  which  he  shall  pay  the  sum 
of  ten  dollars.  Any  pedler  refusing  to  exhibit  his  license  to  any 
grand  juror,  justice  of  the  peace,  or  constable,  who  may  demand  to 
see  the  same,  shall  forfeit  the  sum  of  fifteen  dollars  for  each 
offence.  A  Pedler  by  the  law  of  this  State  is  any  person  not  a 
citizen  of  the  United  States  going  from  house  to  house,  on  foot  or 
otherwise,  in  any  town  where  he  does  not  reside,  with  foreign 
grown  or  produced  goods,  or  goods  grown,  manufactured  or 
produced  in  any  other  State,  except  sewing  silk,  cotton  and  linen 
thread  and  yarn,  being  of  United  States'  growth,  manufacture  or 
product. 

GEORGIA. — Books,  maps,  and  charts,  and  all  articles  manufao 
tured  in  the  State,  may  be  peddled  without  a  license.  For  vend- 
ing all  other  goods  from  place  to  place,  a  license  must  be  obtained 
of  the  Comptroller  General,  the  total  cost  of  which  is  $57.  Per- 
sons selling  from  place  to  place  without  a  license,  must,  on 
complaint,  give  security  in  the  sum  of  $500,  for  his  appearance 
at  the  next  Superior  Court,  when,  if  convicted,  he  shall  be  fined 
not  less  than  $200,  nor  more  than  $300,  for  each  offence.  In 
addition,  each  county  town  has  the  privilege  of  exacting  from 
every  pedler  the  sum  of  fifteen  dollars  for  every  day  he  or  she 
may  be  found  therein  offering  goods  not  manufactured  in  the 
State. 

DELAWARE. — Pedlers  shall  procure  license,  and  give  bonds  in 
the  sum  of  $500,  for  their  good  behavior  during  the  term  of  such 
license.  Licenses  may  be  obtained  of  any  Judge  of  the  State,  and 
also  of  any  justice  of  the  peace.  Grain,  provisions,  produce, 
fruit,  booke,  and  all  goods  manufactured  in  the  State,  may  be 
peddled  without  a  license.  The  charge  for  licenses  is  as  follows: 
for  a  foot  pedler,  who  is  a  non-resident  of  the  State,  $50;  to  the 
same  if  a  bonafide  citizen,  $8;  for  a  vehicle  with  one  horse,  $16  , 
two  horses,  $30 ;  for  each  additional  horse,  $10.  For  a  license  t>? 
sell  clocks,  $50;  to  sell  tin  and  japanned  wares,  without  a  cart  but 
with  one  or  more  horses,  $10;  with  a  vehicle  and  one  or  more 
horses,  $20.  No  license  can  be  had  for  peddling  drugs  or  medi- 
cines Any  person  peddling  without  a  license,  or  in  goods  nofc 
%uthorized  by  his  license,  or  who  stall  borrow  a  license  foi  th« 


PEELER'S  LICENSE  TO  SELL  GOODS.  375 

purpose  of  peddling,  shall  forfeit  five  hundred  dollars — one  half  foi 
the  use  of  any  one  who  shall  sue  for  the  same,  and  one  half  to  the 
State.  Any  pedler  refusing  or  neglecting  to  show  his  license, 
when  called  upon  by  any  citizen  to  do  so,  shall  forfeit  and  pay  teK 
dollars  to  such  citizen,  who  is  authorized  to  sue  for  the  Sctnie 
Any  person  peddling  tin  or  japanned  ware  without-  a  license,  shall 
:br  every  such  offence,  forfeit  and  pay  to  any  one  who  may  sue  for 
the  same,  the  sum  of  thirty  dollars,  one  half  to  the  use  of  the 
fitate. 

INDIANA. — Pedlers  are  required  to  take  out  a  license  in  every 
county  in  which  they  shall  vend,  and  pay  in  proportion,  as 
regards  amount  and  length  of  time,  as  resident  merchants,  who 
are  taxed  five  dollars  on  every  thousand  dollars'  worth  of  merchan 
dise.  There  is  no  fixed  licensa  fee ;  the  County  Board  of  such 
county  regulating  the  fee  of  each  applicant  according  to  his  own 
judgment.  Any  person  transacting  business  in  this  State  without 
a  license  therefor,  is  liable  to  a  fine  of  $500. 

ILLINOIS. — Every  hawker  or  pedler  &hall  have  the  privilege  of 

§eddling  goods  throughout  the  State,  on  paying  the  sum  of  fifty 
ollars  to  the  Secretary  of  State,  when  he  shall  receive  a  license 
therefor.  For  the  privilege  of  peddling  in  any  one  county,  tho 
County  Commissioners  of  such  county  will  grant  him  a  license  for 
ten  dollars.  For  peddling  in  any  county  without  a  license,  he 
may  be  sued  by  any  citizen,  and  recovered  against  in  the  sum  of 
one  hundred  dollars — one  half  to  the  complainant,  the  other  to 
the  State. 

NEW-HAMPSHIRE. — Any  person  peddling  goods  from  place  to 
place  without  a  license,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars.  License  may  be  obtained  of 
the  Clerk  of  the  Court  of  Common  Pleas  of  the  county  in  which  the 
applicant  may  reside.  The  license  fee,  to  a  citizen  of  tho  State, 
is  $10;  to  a  non-resident  of  the  State,  $20..  Any  pedler  lenci- 
mg  his  license  to  another,  or  refusing  to  show  the  same  to  any 
citizen  who  may  demand  te  see  it,  shall  be  punished  in  the  same 
manner  as  for  selling  without  license. 

MASSACHUSETTS. — Any  person  may  go  from  place  to  place 
Belling  fruits  and  provisions,  live  animals,  bix>oms,  agricultural 
implements,  fuel,  newspapers,  hooks,  pamphlets,  agricultural 
products  of  the  United  States,  and  the  products  of  his  own  la- 
bor or  the- lab  or  of  his  family,  provided  that  cone  of  those  arti- 
cles shall  be  of  .the  growth  or  production  of  foreign  countries. 
The  sale  of  jewelry,  wines,  spirituous  liquors,  playing  cards,  ia- 
digo  and  feathers,  in  the  manner  above  specified  is  piohibited, 
The  Secretary  of  the  Commonwealth  may  grant  a  Hcenae  to  g$ 


370  PEDLER'S  LICENSE  TO  SELL  GOODS. 

about  selling  any  other  goods  than  those  before  mentioned  to 
any  applicant  who  files  in  his  office  a  certificate  signed  by  the 
Mayor  of  a  city  or  by  a  majority  of  the  Selectmen  of  a  town, 
staling  that  the  applicant  therein  named  resides  in  such  city  or 
town,  is  a  citizen  of  the  United  States,  and  of  good  repute  for 
morals  and  integrity.  Every  license  so  granted  shall  bear  date 
the  day  issued,  and  shall  continue  in  force  one  year  from  such 
date.  Every  person  so  licensed  may  sell  any  goods,  not  pro- 
hibited, in  any  city  or  town  mentioned  in  his  license,  upon  first 
paying  to  the  Secretary  one  dollar  for  each  city  or  town  so  in- 
serted, and  to  the  Treasurer  of  such  city  or  town,  who  shall  cer- 
tify on  the  face  of  the  license  the  sum  so  received,  the  following 
eunis :  for  every  town  containing  not  more  than  1000  inhabitants, 
according  to  the  United  States  census  next  preceding  the  date 
of  the  license,  three  dollars ;  for  every  town  containing  more 
than  1000,  but  not  more  than  2000  inhabitants,  six  dollars ;  for 
every  town  containing  more  than  2000  and  not  more  than  3000 
inhabitants,  eight  dollars  ;  for  every  town  containing  more  than 
3000  and  not  more  than  4000  inhabitants,  ten  dollars ;  and  for 
every  city  and  town  containing  more  than  4000  inhabitants,  ten 
dollars,  and  one  dollar  for  every  1000  inhabitants  over  4000  con- 
tained therein  ;  but  the  sum  so  to  be  paid  to  a  Treasurer  shall  in 
no  case  exceed  twenty -five  dollars.  The  Secretary  may  also  grant 
special  state  licenses,  upon  payment  by  the  applicant  of  fifty 
dollars  for  each  license.  He  may  also  grant,  upon  payment  by 
the  applicant  of  one  dollar  for  each  county  mentioned  therein, 
special  county  licenses.  The  person  so  licensed  has  to  pay  to 
the  Treasurer  of  each  county  mentioned  in  said  license,  respec- 
tively, the  sums  following:  for  Suffolk,  Essex,  Middlesex  and 
Worcester,  each  four  dollars ;  for  Norfolk,  Berkshire,  Hainpden, 
Bristol  and  Plymouth,  each  three  dollars;  for  Franklin,  Hamp- 
shire and  Barnstable,  each  two  dollars;  for  Nantucket,  one  dol- 
lar; for  Dukes  county,  one  dollar.  Every  person  licensed  to 
peddle  as  herein  before  provided  shall  nost  his  name,  residence, 
and  the  number  of  his  license  in  a  conspicuous  manner  upon  his 

Earcels  or  vehicle,  and  when  such  license  is  demanded  of  him 
y  any  officer,  shall  forthwith  exhibit  it,  and  if  he  neglects  or 
refuses  to  do  so,  shall  be  subject  to  the  same  penalty  as  if  he  had 
no  license.  Whoever  goes  from  place  to  place  selling  goods,  ex- 
ocpt  as  herein  provided,  shall  forfeit  a  sum  not  exceeding  two 
hundred  dollars  for  each  oftence.  Disabled  soldiers  are  exempt 
from  paying  state  licenses. 

MISSOURI. — No  person  shall  peddle  without  a  license ;  no  two  or 
more   persons   shall    peddle   under   the  same    license,  either   as 
^  agents,  or  otherwise ;  and  no  pedler  shall  sell  wines  or 


PEDLER'S  LICENSE  TO  SELL  GOODS.  377 

spirituous  liquors.  Any  person  may  obtain  a  pedler's  license  from 
trie  collector  of  the  county  in  which  he  intends  to  peddle,  on  paying 
as  follows : — for  a  license  to  peddle  on  foot,  $3  for  every  period 
of  six  months;  if  on  one  or  more  horses,  $10;  if  in  a  vehicle, 
$20 ;  if  in  a  boat  or  other  river  vessel,  at  the  rate  of  one  dollar 
per  day  for  any  period  not  less  than  five  days,  and  such  license 
may  be  renewed  at  the  expiration  of  the  first  license,  for  any  period 
not  longer  than  six  months,  on  payment  of  fifty  cents  a  day,  tho 
number  of  days  to  be  specified  in  the  license.  Every  person 
who  shall  be  found  peddling  contrary  to  law,  or  the  terms 
of  his  license,  shall  forfeit,  if  a  foot  pedler,  the  sum  of  ten 
dollars ;  on  one  or  more  beasts  of  burden,  twenty-five  dollars ;  in 
a  vehicle,  fifty  dollars ;  in  a  boat  or  other  vessel,  one  hundred 
dollars.  Persons  may  peddle  bcoks,  maps,  charts  and  stationery, 
without  a  license.  Any  pedler  refusing  or  neglecting  to  show 
his  license  to  any  police  officer  or  citizen  on  demand,  shall  forfeit 
the  sum  of  ten  dollars.  License  for  peddling  clocks  shall  be  fifty 
dollars  for  the  term  of  six  months ;  and  every  clock  pedler  selling 
without  a  license  shall  forfeit  not  less  than  fifty  nor  more  than 
four  hundred  dollars,  and  be  imprisoned  till  the  fine  and  costs  are 
paid. 

MAINE. — County  commissioners  in  their  counties  may  grant 
licenses  as  pedler  to  any  one  proving  to  their  satisfaction  good 
moral  character,  that  he  has  been  five  years  a  citizen  of  the  United 
States  and  a  year  prior  to  his  application  a  resident  of  the  State. 
License  expires  at  end  of  one  year,  and  is  not  transferable  01 
assignable,  except  with  the  consent  of  the  board  granting  it,  noi 
is  it  valid  in  any  other  county  than  the  one  in  which  it  is  granted, 
If  the  pedler  carries  on  his  business  in  a  boat  he  pays  $10  license 
fee  ;  if  in  a  one-horse  cart,  $15  ;  if  in  a  two-horse  cart,  $20.  At 
the  time  of  his  application  he  must  present  with  his  petition  a 
certificate  of  good  moral  character  from  the  municipal  officers 
of  the  town  where  he  resides,  which,  must  be  attached  to  his 
license. 

MISSISSIPPI. — For  the  privilege  of  peddling  good  in  any  one  coun 
fcy  of  this  State,  the  applicant  must  first  pay  to  the  Clerk  of  the 
Probate  Court  as  follows : — for  license  to  carry  merchandise  on 
toot  810;  on  hoise  or  other  beast  of  burden,  $20;  in  a  fc<vo 
wheeled  vehicle,  830;  in  a  four-wheeled  vehicle,  with  one 
borse,  $10;  in  a  four-wheeled  vehicle  with  two  horses,  £50. 
Any  person  peddling  without  a  license,  shall  forfeit  the  sum  or 
$|(j() — one  fourth  to  be  paid  to  the  prosecutor,  and  the  balance 
to  the  State.  In  addition  to  the  foregoing,  the  podler  must  pay  an 
ad  valorem  duty  of  two  and  a  half  per  cent,  on  all  merchandise 
0old  by  him  during  the  term  of  his  license. 


378  PEULER'S  LICENSE  TO  SELL  GOODS. 

LOUISIANA, — For  a  license  to  peddle  on  the  roads  and  water- 
courses of  this  State,  which  ma/  be  obtained  of  the  Collector  of 
Licenses,  ihe  applicant  must  pay  as  follows  : — For  trading  in  goods 
carried  in  packs,  on  horseback  or  on  foot,  five  dollars;  with  a  ve- 
hicle drawn  by  one  or  more  liorses  or  other  animals,  twenty  dol- 
lars ;  with  a  boat  or  other  water-craft,  seventy-five  dollars.  Any 
person  peddling  without  a  license,  shall  pay  a  line  of  two  hundred 
and  fifty  dollars. 

TENNESSEE. — For  peddling  in  any  county  in  this  State,  the  li- 
cense fee  .is  twenty -five  dollars.  Any  person  peddling  without  a 
license  shall  forfeit  the  sum  of  one  hundred  dollars.  The  license 
may  be  obtained  of  the  Clerk  of  the  County  Court. 

SOUTH  CAROLINA. — For  the  privilege  of  peddling  in  any  district 
in  this  State,  the  applicant  must  obtain  a  license  from  the  Clerk 
of  the  Court  of  the  district,  the  cost  of  which  is  one  thousand  dol- 
lars. If  the  pedler  has  more  than  one  vehicle,  he  must  take  out  a 
separate  license  for  each.  The  license  extends  only  to  the  district 
for  which  it  is  taken  out.  The  pedler  must,  in  addition,  give  bonds 
in  the  sum  of  one  thousand  dollars  for  himself  and  five  hundred 
for  each  of  two  sureties  that  he  will  conduct  himself  according  to 
law  during  the  term  of  his  license.  Any  constable  or  other  pub- 
lic officer  may  at  any  time  demand  to  see  his  license;  should  he 
refuse  to  promptly  exhibit  the  same,  the  officer  making  the  demand 
may  seize  and  detain  his  wagon  and  wares  till  they  are  released 
by  a  magistrate,  and  the  pedler  himself  committed  to  jail.  Any 
person  peddling  without  a  license,  shall  pay  a  fine  of  five  hundred 
dollars. 

CALIFORNIA. — A  non-resident  pedler  must  have  a  license  to  sell 
gold  and  silver  articles  manufactured  out  of  the  State.  License 
is  good  for  six  months.  And  to  obtain  one  $500  for  use  of  State 
and  $5  for  use  of  the  county  must  be  paid  to  county  treasurer. 
Penalty  for  selling  without  license,  $500  and  from  thirty  days  to 
six  months  imprisonment. 

MICHIGAN. — Before  peddling  goods  from  place  to  place  in  this 
State,  the  pedler  must  pay  to  the  Secretary  of  State  as  follows  :— • 
To  peddle  on  foot,  ton  dollars ;  with  a  vehicle  and  one  horso, 
twenty-five  dollars  ;  a  vehicle  with  more  than  one  horse,  fifty  dol- 
lars. Any  pedlar  refusing  to  show  his  license  when  called  upon 
by  any  officer  or  citizen  so  to  do,  shall  pay  a  fine  of  two  dollars 
Any  person  peddling  without  a  license,  shall  forfeit  twenty-fiye 
dollars  for  each  offence. 

TEXAS. — A  license  must  be  taken  out  by  pedlers,  for  each  coun- 
ty that  they  may  sell  in.  The  license  may  be  obtained  of  the  Clerk 
of  the  County  Court ;  the  cost  of  the  same  is  fifty  dollars.  Anj 
one  peddling  goods  without  a  license,  shall  be  fined  in  the  sum  ol 
five  hundred  dollars  for  each  offence. 


QUALIFICATION    OP   VOTERS.  379 

NEBRASKA. — A  tax  of  $30  for  State  purposes,  shall  be  levied 
upon  each  pedler  of  watches,  clocks,  jewelry  or  patent  medicines, 
and  all  other  wares  and  merchandise  not  manufactured  within 
the  limits  of  this  State,  for  a  license  to  peddle  throughout  the 
State  for  one  year. 

NEVADA. — Every  travelling  merchant,  nawker  or  pedler,  who 
shall  carry  a  pack,  and  vend  wares,  goods  or  merchandise  of  any 
kind,  shall  pay,  for  .each  license,  $20  per  month ;  and  every  such 
travelling  merchant,  hawker  or  pedler,  who  shall  use  a  wagon, 
or  one  or  more  animals  for  the  purpose  of  vending  any  wares  or 
merchandise  of  any  kind,  01  wines,  fermented  liquors,  or  spirit- 
uous liquors,  shall  pay,  for  each  license,  $30  .per  month ;  provided 
that  nothing  in  this  section  shall  be  so  construed  as  to  apply  to 
the  agricultural  productions  of  this  territory,  or  to  any  fruit 
from  any  place.  Any  one  peddling  goods  without  a  license  shall 
be  fined  in  any  sum  not  less  than  $50  nor  more  than  $100. 

COLORADO. — For  the  privilege  of  peddling  watches,  jewelry 
and  clocks,  or  either  of  them,  throughout  this  territory  for  one 
year,  a  license  fee  of  $25  must  be  paid.  Such  license  may  be  ob- 
tained from  the  clerk  of  any  county.  Any  person  so  peddling 
without  a  license,  is  guilty  of  a  misdemeanor;  and  the  person 
actually  peddling  is  liable,  whether  he  be  the  owner  or  not. 


QUALIFICATION  OF  VOTERS  IN  THE  DIFFER. 
ENT  STATES. 

MAINE. — Every  male  citizen  of  the  United  State?,  of  the  age  of 
twenty-one  years  (excepting  paupers,  persons  under  guardianship, 
and  Indians  not  taxed),  having  his  residence  established  in  thia 
State  for  the  term  of  three  months  next  preceding  any  election, 
shall  be  an  elector  in  the  town  or  plantation  where  his  residence  is 
established. 

NEW-HAMPSHIRE. — Every  male  citizen  twenty-one  years  of 
age  (excepting  paupers  and  persons  excused  from  paying  taxes  at 
their  own  request),  resident  in  the  State  and  town  six  months 
next  preceding  the  election,  is  entitled  to  vote. 

VERMONT. — Every  man  of  the  full  age  of  twenty-one  years, 
having  resided  in  the  State  for  the  space  of  one  whole  year  and  in 
town  three  months  next  before  the  election,  who  is  of  a  quiet  and 
peaceable  behavior,  and  has  taken  the  freeman's  oath,  shall  be  en- 
titled to  all  the  privileges  of  a  freeman. 


380  QUALIFICATION    OF    VOTERS. 

MASSACHUSETTS. — Every  male  citizen  of  the  age  of  twenty-one 
years  (except  paupers  and  persons  under  guardianship),  who  has 
resided  in  the  Commonwealth  one  year,  and  in  the  town  or  dis- 
trict in  which  he  claims  a  right  to  vote  six  months  next  preceding 
the  election,  and  can  read  the  Constitution  in  English  and  write 
his  name,  may  yote,  provided  they  h aye  paid  all  taxes  assessed 
upon  them  (unless  legally  exempted)  within  two  years- next  prece- 
ding the  day  of  election. 

RHODE  ISLAND. — The  right  of  suffrage  is  granted  to  every  male 
native  citizen  of  the  United  States  twenty-one  years  of  age,  who 
has  had  his  residence  and  home  in  the  State  two  years,  and  in  the 
town  where  he  purposes  to  vote  six  months  next  preceding  the 
time  of  election,  whose  name  has  been  registered  in  the  Town 
Clerk's  office  at  least  seven  days  before  he  shall  offer  his  vote, 
and  who  shall  have  paid  a  tax  of  one  dollar,  or  done  military  duty, 
within  the  preceding  year:  also  any  male  citizen  (naturalized  for 
eigner)  of  the  United  States  who,  in  addition  to  the  preceding 
qualifications  (except  only  one  year's  residence  is  required),  pos- 
sesses real  estate  in  the  town" or  city  where  he  offers  his  vote  of 
the  value  of  $134  over  and  above  all  incumbrances,  or  which  rents 
for  seven  dollars  per  annum.  The  constitutional  provisions  are 
much  more  in  detail  than  the  above. 

CONNECTICUT. — Every  white  male  citizen  of  the  United  States, 
who  shall  have  attained  the  age  of  twenty-one  years,  who  shall 
have  resided  in  this  State  for  a  term  of  one  year 'next  preceding, 
and  in  the  town  in  which  he  may  offer  himself  to  be  admitted  to 
the  privileges  of  an  elector,  at  least  six  months  next  preceding 
the  time  he  may  so  offer  himself,  and  shall  be  able,  in  presence 
of  the  board  of  registration  before  whom  he  may  so  offer  him- 
self, at  the  request  of  any  elector  of  the  town  then  present,  to 
publicly  read  a  clause  in  the  Constitution,  or  Statutes  of  this 
State,  and  shall  sustain  a  good  moral  character,  shall,  on  hia 
taking  such  oath  as  may  be  prescribed  by  law,  be  an  elector ; 
and  any  elector  presenting  before  the  board  of  registration  of 
any  town,  a  certificate  from  the  town  clerk  of  the  town  in  which 
he  was  admitted  an  elector  of  this  State,  of  the  fact  of  such  ad- 
mission, and  shall  prove  that  he  has  resided  in  the  town  in 
which  he  claims  the  right  to  vote,  at  least  four  months  next  pre- 
ceding the  day  of  the  electors'  meeting,  shall  have  the  rigM  to 
be  registered  as  an  elector  of  such  last  specified  town. 

NEW- YORK. — Every  male  citizen  agud  twenty-one  years,  who 
shall  have  been  a  citizen  ten  days,  and  is  an  inhabitant  of  this  state 
one  year  next  preceding  any  election,  and  for  the  last  four  months 
a  resident  of  the  count,y,  and  for  thirty  days  of  the  district  from 
which  the  cfficer  is  to  be  chosen  for  whom  he  offers  las  vote 
he  entitled  to  vote. 


QUALIFICATION   CP   VOTERS.  #81 

5Ien  of  color,  who  are  possessed  of  a  freehold  estate  of  the  valuo 
Df  two  hundred  and  fifty  dollars,  and  residents  of  the  state  three 
years,  and  for  one  year  seized  of  said  estate  of  two  hundred  and 
fifty  dollars  over  and  above  all  debts  and  incumbrances  charged 
thereon,  and  who  shall  have  been  actually  rated  and  paid  a  tas 
thereon,  are  entitled  to  vote. 

NEW.  JERSEY. — Every  white  male  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  having  been  a  resident  of  the  state 
one  year,  and  of  the  county  five  months,  next  before  the  election, 
and  who  actually  resides  in  the  township  where  he  claims  his  vote, 
shall  be  entitled  to  vote  (paupers,  idiots,  insane  persons,  and  crim- 
inals, excepted). 

PENNSYLVANIA. — Every  white  freeman,  being  a  citizen  of  the 
United  States,  of  the  age  of  twenty-two  years,  having  resided  in 
the  state  one  year,  and  in  the  election  district  where  he  offers  hia 
vote,  ten  days  immediately  preceding  such  election,  and  within 
two  years  paid  a  state  or  county  tax  which  has  been  assessed  at 
least  ten  days  before  the  election,  shall  enjoy  the  rights  of  an  elec- 
tor. Persons  between  the  ages  of  twenty-one  and  twenty-two 
years,  with  residence  as  above,  can  rote  without  paying  a  tax.  A 
previously-qualified  voter  in  the  state,  on  returning,  can  vote  after 
a  residence  of  six  months. 

DELAWARE. — Every  free  white  male  citizen  of  the  age  of  twen- 
ty-two years  or  upward,  having  resided  in  the  state  one  year  next 
oefore  the  election,  and  the  last  month  thereof  in  the  county  where 
he  offers  to  vote,  and  having,  within  two  years  next  uefore  the 
election,  paid  a  county  tax,  which  shall  have  been  assessed  at  least 
six  months  before  the  election,  shall  enjoy  the  right  of  an  elector ; 
and  every  free  white  male  citizen  of  the  age  of  twenty-one  yeara 
and  under  the  age  of  twenty-two  years,Jiaving  resided  as  aforesaid, 
shall  be  entitled  to  vote  without  payment  of  any  tax. 

MARYLAND. — Every  free  male  person,  being  a  citizen  of  the  Uni- 
ted States,  above  twenty-one  years  of  ago,  having  resided  in  the 
state  one  year,  and  six  months  in  the  county,  next  preceding  the 
election  at  which  he  offers  to  vote,  shall  have  the  right  of  suffrage. 

VIRGINIA. — Every  white  male  citizen  of  the  commonwealth,  of 
the  age  of  twenty-one  years,  who  has  been  a  resident  of  the  state 
two  years,  and  of  the  county  or  town  where  he  offers  to  vote  for 
twelve  months  next  preceding  an  election,  shall  be  qualified  to 
vote. 

NORTH  CAROLINA. — All  freemen  (persons  of  color  excepted)  of 
the  age  of  twenty-one  years,  who  have  been  inhabitants  of  any 


382  QUALIFICATION    OF   VOTEKS. 

one  iistrict  within  the  state  twelve  months  immediately  preceding 
the  day  of  any  election,  and  shall  have  paid  public  taxes,  shall  bo 
entitled  to  vote  for  members  of  the  house  of  commons  for  the  dis- 
trict in  which  he  resides,  and  for  the  governor;  to  vote  for  a  mem 
ber  of  the  senate,  he  must  have  in  addition  to  the  same  qualifica- 
tion a  freehold  of  fifty  acres  of  land  in  the  county  in  which  he 
offers  to  vote. 

SOUTH  CAROLINA. — Every  free  white  man  of  the  age  of  twenty- 
one  years  (paupers  excepted),  being  a  citizen  of  the  state,  and  hav- 
ing resided  therein  two  years  previous  to  the  day  of  election,  and 
who  hath  a  freehold  of  fifty  acres  of  land,  or  a  town  lot,  of  which 
be  hath  been  legally  seized  and  possessed,  at  least  six  months  be- 
fore such  election,  or  not"  having  such  freehold  or  town  lot,  hath 
been  a  resident  of  the  election  district  in  which  he  offers  to  give 
his  vote  six  months  before  the  said  election,  and  hath  paid  a  tax 
the  preceding  year  of  three  shillings  sterling  to  the  support  of 
government,  shall  have  a  right  to  vote  for  members  of  the  legis- 
lature for  the  election  district  in  which  he  holds  such  property,  or 
is  resident. 

GEORGIA. — An  elector  must  be  twenty-one  years  of  age ;  a  citi- 
gen  and  inhabitant  of  the  state  one  year  ;  of  the  county  six  months  • 
and  have  paid  all  the  taxes  which  may  have  been  required  of  him, 
and  which  he  has  had  an  opportunity  of  paying  agreeably  to  law, 
for  the  year  preceding  the  election.  In  all  elections  for  governor  or 
electors  of  prasident  and  vice-president,  the  county  residen  30  is 
not  required. 

FLORIDA. — Every  free  wmto  male  person  of  the  age  of  twenty 
one  years,  a  citizen  of  the  United  States,  a  resident  of  the  state 
two  years,  and  of  the  county  in  which  he  may  offer  his  vote  six 
months,  immediately  prece'ding  the  eleccion,  and  who  shall  be  en- 
rolled in  the  militia  of  the  state  (unices  exempted  from  militia 
duty),  is  a  qualified  voter. 

ALABAMA. — Every  white  male  citizen  of  the  age  of  twenty-one 
vears,  who  shall  be  a  citizen  of  the  United  States,  having  resided 
in  this  state  one  year  next  preceding  an  election,  and  the  last 
three  months  in  the  city,  county,  or  town,  in  which  he  offers  to 
vole,  shall  be  deemed  a  qualified  elector. 

MISSISSIPPI. — Every  free  white  male  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  who  shall  have  resided  in  the  state 
one  year  next  preceding  an  election,  and  the  last  four  months 
within  the  county,  city,  or  town,  in  which  he  offers  to  vote,  is  a 
qualified  voter. 

LOUISIANA. — Every  free  white  male  two  years  a  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years,  having  resided  in 
the  state  one  year  next  preceding  the  election,  the  last  six  months 
thereof  in  the  parish  in  which  he  offers  to  vote,  has  a  right  to 


QUALIFICATION    OF    VOTERS.  383 

vote ;  "but  no  person  who  fights  a  duel,  acts  as  second,  or  sends  or 
accepts  a  challenge,  can  hold  office  or  enjoy  the  right  of  suffrage. 

TEXAS. — Every  free  male  person  over  the  age  of  twenty-one 
years,  a  citizen  of  the  United  States  (Indians  not  taxed,  Africans, 
and  descendants  of  Africans,  excepted)  who  shall  have  resided  in 
the  state  one  year  next  preceding  an  election,  and  the  last  six 
months  in  the  district,  county,  or  town,  in  which  he  offers  to  vote, 
shall  be  deemed  a  qualified  voter,  provided  that  qualified  voters 
shall  be  permitted  to  vote  anywhere  in  the  state  for  state  officers. 

ARKANSAS. — Every  free  white  male  citizen  of  the  United  States 
(except  idiots,  insane  persons,  and  persons  convicted  of  infamous 
crimes),  twenty-one  years  of  age,  a  resident  of  the  state  six  months 
next  preceding  the  election,  and  of  the  county  in  which  he  claims 
to  vote,  is  entitled  to  vote. 

TENNESSEE. — Every  free  white  man  twenty-one  years  of  age,  a 
citizen  of  the  United  States,  and  resident  of  llie  county  wherein  he 
offers  his  vote  six  months  next  preceding  the  election,  is  entitled 
to  vote  Also,  all  male  persons  of  color  twenty-one  years  of  age 
who  are  competent  witnesses  in  a  court  of  justice  against  a  white 
man,  are  entitled  to  vote. 

KENTUCKY. — Every  free  white  male  citizen  of  the  age  of  twenty- 
one  years,  having  had  a  residence  in  the  State  of  two  years,  and 
in  the  county  in  which  he  offers  to  vote  one  year  next  preceding 
the  election,  is  entitled  to  fche  right  of  suffrage 

OHIO. — Every  wVe  male  citizen  of  the  United  States  of  the  age 
of  twenty-one  year?  who  shall  have  been  a  resident  of  the  State 
one  year  next  pjreo'.-ding  the  election,  and  of  the  county,  township 
or  ward,  in  which  he  resides  such  time  as  may  be  provided  by 
law,  shall  have  the  qualification  of  an*  elector,  and  be  entitled  to 
vote  at  all  elections. 

^  MICHIGAN  — The  right  of  suffrage  is  held  by  every  white  male 
citizen  abovo  the  age  of  twenty-one  years :  every  white  male 
citizen  repiding  in  the  State  on  the  24th  of  June,  1835 ;  every 
white  male  inhabitant  residing  in  the  State  on  the  1st  of  January, 
1850,  who  has  declared  his  intention  to  become  a  citizen  of  the 
United  States  six  months  preceding  an  election,  or  who  has  re- 
bided  in  the  State  two  years  and  six  months,  and  declared  his  in- 
tention as  aforesaid,  and  every  civilized  male  inhabitant  of  Indian 
descent,  a  native  of  the  United  States,  and  not  a  member  of  any 
tribe ;  but  no  citizen  or  inhabitant  shall  be  entitled  to  vote  at  any 
election  unless  he  has  resided  in  the  State  three  months,  and  in  the 
township  or  ward  in  which  he  offers  to  vote  ten  days  next  preced- 
ing such  election. 

INDIANA. — Every  white  male  citizen  of  the  United  States  of  the 
age  of  twenty-one  years  and  upward,  who  shall  have  resided  in 
the  State  during  the  six  months  immediately  preceding  an  election, 


384  QUALIFICATION    OF   VOTERS. 

and  every  white  male,  of  foreign  birth,  of  the  age  of  twenty-ona 
years  and  upward,  who  shall  have  resided  in  the  United  States  one 
year,  and  in  the  State  during  the  six  months  next  preceding  such 
election,  and  shall  have  declared  his  intention  to  become  a  citizen 
of  the  United  States,  shall  be  entitled  to  vote  in  the  town  or  pre- 
cinct where  he  may  reside. 

ILLINOIS. — All  white  male  citizens  of  the  age  of  twenty-one 
years,  having  had  a  residence  in  the  State  one  year  next  preceding 
the  election,  can  exercise  the  elective  franchise. 

MISSOURI. — Every  free  white  male  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  who  shall  have  resided  in  the  State 
one  year  before  an  election,  the  last  three  months  whereof  shall 
have"  been  in  the  county  or  district  where  he  offers  to  vote,  shall 
be  an  elector. 

IOWA. — Every  white  male  citizen  of  the  United  States  (idiots, 
insane  persons,  and  persons  convicted  of  an  infamous  crime,  ex- 
cepted),  of  the  age  of  twenty-one  years,  a  resident  of  the  State 
six  months  next  preceding  the  election,  and  of  the  county  in  which 
he  claims  to  vote  twenty  days,  is  entitled  to  vote. 

WISCONSIN. — Every  male  citizen  of  the  age  of  twenty-one  yearsj 
resident  in  the  State  one  year  next  preceding  an  election,  belong- 
ing to  either  of  the  following  classes,  is  a  qualified  elector.  1. 
White  citizens  of  the  United  States.  2.  White  persons  of  foreign 
birth  who  have  declared  their  intentions  to  become  citizens,  con- 
formably to  the  laws  of  the  United  States  on  the  subject  of  natu- 
ralization.  3.  Persons  of  Indian  blood  who  have  once  been  de- 
clared by  the  laws  of  Congress  to  be  citizens  of  the  United  States. 
4.  Civilized  persons  of  Indian  descent,  not  members  of  any  tribe. 

MINNESOTA. — All  free  white  male  inhabitants  over  the  age  of 
twenty-one  years,  who  shall  have  resided  within  this  State  for 
six  months  next  preceding  an  election,  shall  be  entitled  to  vote  \ 
orovided,  that  they  shall  be  citizens  of  the  United  States,  or  shall 
have  resided  within  the  United  States  for  a  period  of  two  years 
next  preceding  such  election,  and  declared  on  oath  their  intention 
to  become  such,  and  also  to  support  the  constitution  of  the  United 
States,  and  the  State  government  of  Minnesota.  All  persons 
of  mixed  white  or  Indian  blood  who  have  adopted  the  customs 
and  habits  of  civilization,  are  entitled  to  vote.  No  insane  person, 
or  person  who  has  been  convicted  of  an  infamous  crime,  unless 
restored  to  civil  rights,  shall  be  permitted  to  vote. 

KANSAS. — Every  white  male  citizen  of  the  United  States  and 
civilzed  male  Indian,  twenty-one  years  of  age,  who  shall  have  re- 
Bided  and  had  his  home  and  place  of  permanent  abo Je  in  Kansas 
six  months,  in  the  county  thirty  days,  and  in  the  district  where  he 
offers  his  vote  ten  days,  immediately  preceding  the  election,  shaJJ 
be  deemed  a  qualified  elector.  Persons  engaging  in  a  duel,  either 
as  principals  or  assistants,  lose  the  rights  of  an  elector. 


QUALIFICATION    OF   YOTEES.  &$5 

NEW-MEXICO. — Every  white  male  citizen  of  the  United  States, 
over  twenty-one  years  of  age,  who  shall  have  resided  in  the  terri- 
tory over  one  year,  and  in  the  county  in  which  he  offers  to  vote  for 
three  months,  shall  bo  entitled  to  vote  and  be  elected  to  office  in 
any  election.  No  person  prevented  by  the  organic  law  of  the  ter- 
ritory, no  officer  or  soldier  in  the  United  States  army,  and  no  per 
son  included  in  the  term  "camp  followers"  of  the  United  Statoa 
army,  shall  be  entitled  to  vote  or  hold  office  in  this  territory. 

UTAH. — All  free  white  malo  citizens  of  the  age  of  eighteen  years, 
shall  be  considered  legal  voters.  Military  officers  or  soldiers  in 
the  United  States  service,  stationed  within  the  territory,  are  excepted. 

OREGON. — All  white  male  inhabitants  over  the  age  of  twenty- 
one  years,  who  shall  have  resided  within  this  State  for  six 
months  next  preceding  an  election,  shall  be  entitled  to  vote  :  pro- 
vided, that  they  shall  be  citizens  of  the  United  States,  or  shall  have 
declared  their  intention,  on  oath,  to  become  such,  or  shall  have 
resided  six  months  in  the  State  and  fifteen  days  in  the  county 
where  they  offer  to  vote,  next  preceding  the  day  of  election.  Per- 
§ons  insane  or  convicted  of  crime  are  excepted  ;  also,  officers  and 
soldiers  of  the  United  States  army,  unless  they  were  residents  of  the 
State  at  the  time  of  their  enlistment. 

CALIFORNIA. — Every  white  male  citizen  of  the  United  States, 
and  every  Mexican  electing,  under  the  treaty  of  1848,  to  be  a 
citizen  of  the  United  States,  who  has  been  a  resident  of  the  State 
six  months  and  of  the  county  or  district  where  he  offers  his  vote 
for  thirty  days,  has  a  right  to  vote. 


Hew  York  State  Law  for  the  Protection  of  Hotel  and 
Boarding-house  Keepers,  passed  February,  1867. 

Every  person  who  shall  at  any  hotel,  inn,  restaurant,  or  board- 
ing-house order,  or  cause  to  be  furnished,  any  food,  drink  or  ac- 
commodation with  intent  to  defraud  the  owner  or  proprietor  of 
such  hotel,  inn,  restaurant,  or  boarding-house  put  of  the  value,  or 
price  of  such  food,  drink  or  accommodation,  in  accordance  with 
the  terms,  or  custom  of  such  hotel,  inn,  restaurant,  or  boarding- 
house,  and  every  person  who  shall  obtain  at  any  hotel,  inn,  res- 
taurant, or  boarding-house,  by  the  use  of  false  pretence,  or  device,, 
either  by  depositing  at  such  place  baggage  or  property  of  value 
less  than  the  amount  of  such  credit,  or  of  the  bill  by  such  person 
incurred  or  otherwise,  and  afterwards  abscond  from  such  hotel, 
inn,  restaurant,  or  boarding-house,  or  surreptitiously  remove  such 
baggage  or  deposit,  shall,  upon  conviction,  be  adjudged  guilty 
of  a  misdemeanor. 

All  baggage  left  by  guests  may  be  sold  at  the  expiration  of  sii 
months. 


392  EXTERNAL  REVENUE. 


INTERNAL   REVENUE. 

THE  taxes  laid  by  the  various  acts  providing  for  the  raising 
revenue  by  taxation,  in  which  are  included  the  Direct  Tax  Act 
of  August  6,  1861 ;  the  Excise  Tax  of  July  14, 1862 ;  tne  Amend- 
atory Acts  of  March  3,  1863 ;  the  Acts  of  June,  1864 ;  March, 
1865 ;  the  Amended  acts  of  July  20,  1866,  and  March,  1867,  are 
intended  to  have  specific  action  on  several  different  classes.  These 
may  be  divided,  properly,  into  two  general  classes,  viz : 

I.  The  ANNUAL  LISTS,  which  are  subdivided  into  Licences, 
Articles  in  Schedule  A.  (embracing  Carriages,   Yachts,   Billiard, 
Tables  and  Plate)  and  Annual  Income  ;  and 

II.  The  QUARTEKLY  and  MONTHLY  LISTS,  which  include  re- 
turns of  Auction  Sales;  Receipts  of  Railroads,  Steamboats,  etc.,  for 
Transportation,  etc.;    Passports,  Theatres,   Operas,  Circuses  and 
Museums;  Lotteries,  Dividends,  Advertisements,  Legacies,   Canal 
and  Turnpike  Companies,  Receipts  of  Ferry-boats,  Gross  Receipts 
of  Express  and  Telegraph  Companies,  Banks  and  Insurance  Com- 
panies, Proprietary  Articles,  Stamps  under  Schedule  B,  Manufac- 
turers' Returns,  Distillers'  and  Brewers'  Returns,  and  Returns  of 
Coal  Oil  Distillation. 

For  each  of  these  returns  under  the  second  general  class,  there 
j»re  specific  forms  and  instructions  furnished  by  the  government, 
and  it  will  therefore  be  unnecessary  for  us  to  give  instructions 
and  directions  which  are  furnished  already  to  the  parties  inter- 
ested. 

But  in  regard  to  the  first  general  class,  some  explanations  and 
instructions  are  desirable  to  enable  them  to  act  understandingly 
in  the  payment  of  their  taxes,  and  these  we  give  from  the  highestj 
official  authority. 

I.  Licences  must  be  taken  out  by  claim  agents  and  agents  for 
procuring  patents ;  insurance  agents  domestic  and  foreign,  real 
estate  agents,  apothecaries,  architects  and  civil  engineers,  assay- 
ers,  auctioneers,  banks  and  bankers,  bowling  alleys  and  billiard 
rooms,  brewers,  barges,  boats  and  flats,  brokers,  commercial  brok- 
en, custom-house  brokers,  cattle  brokers,  pawnbrokers,  laad 


INTERNAL   REVENUE.  393 

rant  brokers,  produce  brokers,  butchers,  builders  and  contractors, 
circuses,  coal-oil  distillers,  coffee  roasters,  confectioners,  convey 
ancers,  concert  halls,  wholesale  and  retail  dealers  in  liquors,  deal- 
ers in  other  merchandize  and  wholesale  dealers  in  the  same,  horse 
dealers,  lottery  ticket  dealers,  patent  right  dealers,  dentists,  dis- 
tillers, eating-houses,  express  agents  and  carriers,  exhibitions  or 
shows  for  money,  gas  fitters,  gift  enterprises,  grinders  of  coffee  or 
spices,  hotels,  inns  or  taverns,  intelligence  offices,  jacks,  jugglers, 
lawyers,  livery  stable  keepers,  manufacturers,  miners,  museums, 
passenger  steamers  and  vessels,  peddlers,  photographers,  physic- 
cans,  plumbers,  rectifiers,  stallions,  surgeons,  theatres,  tobacconists, 
and  by  any  person,  firm,  or  corporation  engaged  in  any  business, 
trade  or  profession  whatever  having  an  income  exceeding  one 
thousand  dollars  per  annum,  for  which  no  other  licence  is  re- 
quired. 

Special  Provisions. 

I.  That  in  every  case  where  more  than  one  of  the  pursuits, 
employments,  or  occupations,  hereinafter  described,  shall  be  pur- 
sued or  carried  on  in  the  same  place  by  the  same  person  at  the 
same  time,  except  as  hereinafter  provided,  the  tax  shall  be  paid 
for  each  acccording  to  the  rates  severally  prescribed :  Provided, 
That  in  cities  and  towns  having  a  less  population  than  six  thous- 
and persons,  according  to  the  last  preceding  census,  one  special 
tax  shall  be  held  to  embrace  the  business  of  land-warrant  brok- 
ers, claim  agents,  and  real  estate  agents,  upon  payment  of  the 
highest  rate  of  tax  applicable  to  either  one  of  said  pursuits. — 
[Sec.  76.] 

II.  That  any  number  of  persons,  except  lawyers,  conveyancers, 
claim  agents,  patent  agents,  physicians,  surgeons,  dentists,  cattle 
brokers,  horse  dealers,  and  peddlers,  doing  business  in  copartner- 
ship at  any  one  place,  shall  be  required  to  pay  but  one  special 
tax  for  such  copartnership. — [Sec.  78.] 

III.  That  the  special  tax  shall  not  be  imposed  upon  apothe- 
caries, confectioners,  butchers,  keepers  of  eating-houses,  hotels, 
inns,  or  taverns,  or  retail  dealers,  except  retail  dealers  in  spirit- 
uous and  malt  liquors,  when  their  annual  gross  receipts  shall  not 
exceed  the  sum  of  one  thousand  dollars,  any  provision  of  law  to 
the  contrary  notwithstanding. 

IV.  That  nothing  contained  in  the  preceding  sections  of  this 
act  shall  be  construed  to  impose  a  special  tax  upon  vintners  who 
Bell  wine  of  their  ^wn  growth  at  the  place  where  the  same  u 


394  INTERNAL   REVENUE. 

made ;  nor  upv.  n  apothecaries,  as  to  wines  or  spirituous  liquors 
wh'"1-  they  use  exclusively  in  the  preparation  or  making  up  ot 
meaicmes ;  nor  shall  physicians  be  taxed  for  keeping  on  hand 
medicines  solely  for  the  purpose  of  making  up  their  own  pre- 
scriptions for  their  own  patients  ;  nor  shall  farmers  be  taxed  as 
manufacturers  or  producers  for  making  butter  or  cheese  with 
milk  from  their  own  cows,  or  for  any  other  farm  products. — • 
[Clause  of  Sec.  80".] 

The  following  is  the  form  of  application  for  a  license.  If  the 
licence  is  for  a  firm,  the  name  of  the  firm,  and  the  name  and  resi- 
dence of  each  member  of  the  firm,  must  be  given  in  full. 


Form  of  Application  for  a  License. 

Application  is  hereby  made  by  Thomas  Davis,  of  New  Lotts, 
in  the  County  of  Kings,  and  State  of  ^"ew  York,  for  a  license  as 
a  Coal  Oil  Distiller,  under  the  Excise  Laws  of  the  United  States, 
said  business  or  occupation  to  be  carried  on  at  No.  540  Furman 
Street,  in  the  City  of  Brooklyn,  County  of  Kings,  and  State  of 
New  York. 

Signed, 

THOMAS  DAYIS. 

Dated  at  Brooklyn  this  31st  day  of  October,  A.  D.  1868. 
To  JOHN  WILLIAMS,  Assessor  of  the  Second  \ 
District  of  the  Slate  of  New  York.         \ 

All  licenses  expire  on  the  1st  of  May,  and  hence  when  a  license 
is  taken  out  at  any  other  time  in  the  year,  it  is  necessary  only  to 
pay  the  proportion  of  the  license  which  will  be  due  to  the  suc- 
ceeding May.  If  a  license  is  not  taken  out  or  renewed  by  the 
person  whose  duty  it  is  to  have  a  license,  the  assessor  or  assist- 
ant assessor  must  enter  his  name  for  a  license  on  the  assessment 
book,  and  he  will  be  liable  to  pay  three  times  the  amount  of  his 
license,  under  Section  59  of  the  Excise  Tax  Act,  or  a  fine  of  $100 
under  Sec.  11  of  the  same  Act. 

II.  Articles  under  Schedule  A.  These  comprise,  as  above  stated, 
carriages,  yachts,  gold  watches,  pianos,  organs,  melodeons,  or 
other  parlor  musical  instruments,  billiard-tables  kept  for  private 
use,  and  gold  and  silver  plate. 


INTERNAL   REVENUE.  895 

The  list  of  these  must  be  furnished  to  the  assessor  in  ten  days 
after  the  service  of  the  notice  with  the  blank  form  for  the  return. 
The  penalty  of  furnishing  a  false  or  fraudulent  list  is  $500,  and 
a  neglect  or  refusal  to  furnish  the  list  incurs  the  penalty  of  an  ad- 
dition  of  50  per  cent,  to  the  tax  and  a  fine  of  $100.  Billiard 
tables  kept  for  hire,  and  paying  a  license,  are  not  subjected  to 
this  tax  (Decision  Oct.  21,  1862).  Forty  ounces  Troy  of  silver 
plate  kept  for  sale,  and  that  which  is  in  possession  ot  a  family  or 
its  member,  as  souvenirs  or  keepsakes  (Decision  21  Oct.,  1862), 
and  all  plate  belonging  to  religious  societies,  are  exempt  from 
this  tax. 

The  following  table  may  be  used  in  converting  Avoirdupois 
into  Troy  ounces : 

11     ounces    Avoirdupois    equal     10    ounces    Troy. 

22         "  "  u        20         "  " 

44         «  «  «        40        «  « 

50         "  "  "        46        "  " 

60         "  "  "        55        "  " 

70         «  «  u        04        u  u 

80  "  "  "  73  "  " 

90  "  "  "  82  "  u 

100  "  "  "  91  "  " 

200  "  "  "  182  "  " 

500  "  "  "  456  "  " 

1000  "  "  "  912  "  " 


Every  person  will  be  taxed  at  the  rate  of  five  per  cent.,  when 
his  or  her  annual  gains,  profits  or  income  exceed  $1,000.  The 
deductions  apply  to  all  incomes.  They  are : 


396  INTEKNAL   REVENUE. 

1st,  The  $1,000  allowed  by  law. 

2d,  Other  nahonal.  State  and  local  taxes  assessed  for  tlie  yeai 
and  paid. 

3d,  Rent  actually  paid  for  the  dwelling-house  or  estate  occu- 
pied by  the  person  assessed ;  and  in  case  the  person  assessed  is 
boarding,  the  rent  allowed  for  the  rooms  he  and  fa's  family  occu- 
py, where  such  rooms  are  used  as  a  home  or  livmg-p^ce  for  the 
residence,  lodging  and  feeding  of  his  family. 

4th.  Necessary  repairs  to  property  yielding  tl?e  income ;  or 
insurance  thereon ;  or  pay  and  subsistence  for  hired  laborers  or 
clerks,  and  their  subsistence,  employed  in  conducting  the  busi- 
ness ;  or  rent  of  store,  shop  or  manufactory ;  fuel,  freight,  etc., 
for  store,  shop,  etc.  ;  or  interest  on  encumbrances  upon  the  prop- 
erty ;  or  all,  as  the  case  may  be. 

5th,  Income  arising  from  interest  on  bonds  or  other  evidences 
of  debt  of  any  railroad  company  or  corporation,  or  from  interest 
or  dividends  on  stock,  capital,  or  deposits,  in  any  bank,  trust 
company,  or  savings  institution,  insurance  or  railroad  company, 
from  which  five  per  cent,  was  withheld  by  the  officers  thereof  for 
the  excise  tax. 

6th,  Income  from  advertisements  on  which  the  three  per  cent, 
duty  has  been  paid  is  also  to  be  deducted.  Every  person  in  the 
second  class  will  be  taxed  at  the  rate  of  ten  per  cent.,  whatever 
may  be  his  or  her  annual  gains,  profits  or  income  from  property, 
securities  and  stocks  owned  in  the  United  States,  without  othei 
deductions  than  numbers  2d  and  4th  above  stated.  Wherevei 
husband  and  wife  live  together,  and  their  taxable  income  is  in 
excess  of  $1,000,  they  will  be  entitled  to  but  one  deduction  of 
$1,000,  that  being  the  average  fixed  bylaw  as  an  estimated  com- 
mutation for  the  expense  of  maintaining  a  family.  Where  they 
live  apart,  by  divorce  or  under  contract  of  separation,  they  will 
be  taxed  separately,  and  be  each  entitled  to  a  deduction  of  $600. 

Officers  in  the  civil,  military  or  naval  service  of  the  United 
States  are  not  required  to  pay  an  income  tax  to  the  collectors 
on  their  salaries  or  wages,  whatever  may  be  the  amount,  be- 
cause the  Government  deducts  fire  per  cent,  therefrom  at  the 


INTEKNAL   KEYENUE.  897 

time  of  payment ;  but  other  income  of  such  persons  is  liable  to 
the  income  tax. 

Guardians  and  trustees,  whether  such  trustees  are  so  by  virtue 
of  their  office  as  executors,  administrators,  or  other  fiduciary 
capacity,  are  required  to  make  return  of  the  income  belonging 
to  minors  or  other  persons,  which  may  be  held  in  trust  as  afore- 
said ;  and  the  income  tax  will  be  assessed  upon  the  amount  re- 
turned after  deducting  such  sums  as  are  exempted  from  the  in- 
come tax,  as  aforesaid  :  Provided,  That  the  exemption  of  $1,000, 
under  Sec.  90.  of  the  Excise  Law,  shall  not  be  allowed  on  ac- 
count of  any  minor  or  other  beneficiary  of  a  trust,  except  upon 
the  statement  of  the  guardiaj  or  trustee,  made  under  oath,  that 
the  minor  or  beneficiary  has  no  other  income  from  which  the 
said  amount  of  $1,000  may  be  exempted  and  deducted. 

"Whenever  persons  liable  to  assessment  of  income  tax  shall 
make  and  tender  lists  which  shall  not  be  accepted  by  the  As- 
sistant Assessor  as  just  and  proper,  it  is  the  duty  of  such  As- 
sistant Assessor  to  make  lists  for  such  persons  according  to  the 
best  information  he  can  obtain.  Persons  so  assessed  may  make 
oath  or  affirmation  as  to  the  amount  of  income  and  deductions 
therefrom. 

Persons  receiving  rent  may  deduct  therefrom  the  amount  paid 
for  necessary  repairs,  insurance,  and  interest  on  encumbrances 
upon  such  rented  property.  The  cost  of  new  structures,  or  im- 
provements to  buildings,  are  not  to  be  deducted  from  the  in- 
come. Repairs  to  sewers,  etc.,  may  be  deducted,  but  the  cost  of 
constructing  them,  or  the  assessment  therefor  being  in  the  nature 
of  improvements  upon  the  property,  cannot  be  deducted. 

Profits  or  dividends  derived  from  stock,  shares  or  property 
in  gas,  bridge,  express,  telegraph,  steamboat,  ferry-boat,  or 
manufacturing  companies  or  corporations,  are  subject  to  income 
tax. 

Farm  produce  which  the  producer  has  on  liand  on  the  31st  day 
of  December,  must  be  appraised  at  its  market  value  on  that  day ; 
but  the  farmer  is  allowed  to  deduct  therefrom  the  subsistence  of 
horses,  mules,  oxen  and  cattle  used  exclusively  in  the  carrying 
c-n  of  said  farm.  Fertilizers,  as  guano,  poudrette,  plaster,  &e., 
purchased  by  farmers  to  maintain  their  land  in  present  produo* 


898  INTERNAL  REVENUE. 

tive  condition  will  be  considered  as  "repairs,''  and  may  be  de- 
ducted in  estimating  income. 

A  merchant's  return  of  income  should  cover  the  business  of 
the  year  ending  December  31st,  excluding  previous  years.  Un- 
collected  accounts  must  be  estimated.  Debts  considered  hope- 
lessly lost  on  the  31st  of  December,  and  due  to  the  business  of 
the  year  which  closes  on  that  day,  may  be  deducted  from  the 
profits  of  the  business ;  if  subsequently  paid,  they  must  be  in- 
cluded in  the  return  for  the  year  in  which  paid.  Old  debts  for- 
merly considered  lost,  but  paid  within  the  year,  must  be  reck- 
oned a  part  of  the  income.  Losses  incurred  in  the  prosecution 
of  business  are  a  fair  offset  to  gains  derived  from  business,  bul 
not  to  those  portions  of  income  derived  from  fixed  investments, 
such  as  bonds,  mortgages,  rents,  and  the  like.  Property  used  in 
business,  and  furnishing  profits,  when  destroyed  by  fire,  may  be 
restored  at  the  expense  of  those  profits  to  the  condition  when 
destroyed ;  if  insured,  the  difference  between  insurance  received 
and  amount  expended  in  restoration  will  be  allowed. 

Interest  on  borrowed  capital  used  in  business  may  be  deduct- 
ed from  income.  No  deduction  can  be  allowed  from  the  taxable 
income  of  a  merchant  for  compensation  paid  for  the  services  of 
a  minor  son. 

The  income  tax  is  assessed  upon  the  actual  income  of  individ- 
uals. Firms,  as  such,  will  not  make  returns. 

The  income  tax  must  be  assessed  and  paid  in  the  district  in 
which  the  assessed  person  resides.  The  place  where  a  person 
votes,  or  is  entitled  to  vote,  is  deemed  his  residence.  When  not 
a  voter,  the  place  where  tax  on  personal  property  is  paid  is  hel  1 
to  be  the  place  of  residence. 

In  cases  of  limited  partnerships,  formed  with  the  condition 
that  no'  dividend  or  division  of  profits  shall  be  made  until  the 
expiration  of  the  partnership,  each  member  of  such  firm  will  be 
required  to  return  his  share  of  the  annual  profits  arising  from 
such  business,  as,  had  they  so  desired,  a  division  of  the  profits 
could  have  been  made. 

Physicians  and  lawyers  should  include  actual  receipts  for  services 
rendered  during  the  year  ending  December  31st,  together  with 
«a  estimate  of  unrealized  or  contingent  mcome  due  to  that  year, 


INTERNAL   REVENUE.  399 

Dividends  and  interest  payable  in  a  given  year  should  be  re- 
turned as  income  for  that  year,  no  matter  when  declared. 

Income  derived  from  coal  mines,  or  the  rent  of  coal  mines,  must 
be  returned  for  tax,  although  a  tax  has  been  previously  paid  on 
the  coal  produced.  No  deduction  can  be  made  because  of  the 
diminished  value,  actual  or  supposed,  of  the  coal  vein  or  bed, 
by  the  process  of  mining. 

Premiums  paid  for  life  insurance  cannot  be  allowed  as  a  de- 
duction in  a  statement  of  income. 

Pensions  received  from  the  United  States  Government  must  be 
returned  with  other  income  subject  to  taxation,  and  ^uys  thr&o 
cr  five  per  cent.,  likb  other  income 

Where  income  is  derived  partly  from  United  States  securities, 
and  partly  from  other  sources,  the  $1,000,  and  other  allowances 
made  by  law  shall  be  deducted,  as  far  as  possible,  from  that  por- 
tion of  income  derived  from  other  sources,  and  subject  to  three 
or  five  per  cent.  tax. 

Interest  should  be  considered  as  income  only  when  paid,  un- 
less it  is  collectable  and  remains  unpaid  by  the  consent  or  agree- 
ment of  the  creditor. 

The  increased  value  given  a  new  building  by  permanent  im- 
provements will  be  charged  to  capital — not  income. 

The  contingent  fund  of  manufacturing  corporations  made  up 
during  the  year  and  not  distributed,  should  not  be  returned  aa 
part  of  the  income  of  the  stockholders. 

The  income  of  literary,  scientific,  or  other  charitable  institu- 
tions in  the  hands  of  trustees  or  others,  is  not  subject  to  income 
tax. 

If  a  planter  returns  all  his  farm  products,  he  will  be  allowed 
to  deduct  the  actual  expense  of  subsisting  and  clothing  his 
help. 

Legatees  are  not  required  to  return  their  legacies  as  income. 
There  is  a  special  tax  on  legacies  of  personal  property. 

The  profits  of  a  manufacturer  from  his  business  are  not  ex- 
empt from  income  tax,  in  consequence  of  his  having  paid  tne 
excise  tax  imposed  by  law  upon  articles  manufactured  by  him. 

Timber  or  wo  od  cut  from  a  wood  lot  for  sale  is  liable  to  in- 
come tax,  on  the  receipt  of  the  money  for  its  sale.  The  amount 


400  INTERNAL  REVENUE. 

of  income  accruing  from  it  must  be  ascertained  by  assessing  the 
value  of  the  laud  after  the  removal  of  the  timber  or  firewood,  and 
adding  thereto  the  sum  received  from  the  sale  of  the  Limber  or 
wood,  and  from  the  sum  thus  obtained  deducting  the  estimated 
value  of  the  land  on  the  31st  of  December  next  ensuing.  In 
cases  where  assessors  have  good  reason  to  believe  that  persons 
have  not  an  income  of  $1,000,  no  return  need  be  required. 

Assessors  have  no  authority  to  prescribe  rules  to  be  observed 
by  merchants  and  others  for  ascertaining  the  amount  of  income 
derived  from  their  business.  If,  however,  the  Assessor  or  As- 
sistant Assessor  has  good  reason  to  believe  that  any  return  is 
understated,  he  may  increase  the  same  to  such  sum  as  he  thinks 
proper,  and  if  the  party  is  not  satisfied  he  mav  obtain  relief  by 
making  oath  to  the  amount  on  which  he  is  liable  to  income 
duty,  and  such  sworn  return  is  to  be  accepted  by  the  Assessor. 

All  foreigners  resident  in  the  United  States  will  be  required 
to  make  return  of  and  pay  income  tax  on  that  portion  of  their 
income  derived  from  sources  within  the  United  States,  and  from 
investments  elsewhere,  other  than  in  real  estate. 

Amounts  paid  for  water-rents  are  not  to  be  considered  as  tax- 
es, nor  are  they  to  be  allowed  as  deductions  from  income. 

The  income  tax  is  entirely  independent  and  irrespective  of  the 
license  tax,  and  is  imposed  upon  that  portion  of  the  entire  sum 
which  exceeds  $1,000,  after  making  deductions  allowed  by  law. 

Fathers  should  include  salaries  or  wages  received  by  minor 
children  in  returns  of  income. 

The  owner  of  a  ship  should  return  as  income  the  entire  earn- 
ings of  the  ship  received  during  the  year  for  which  the  tax  is 
paid,  no  matter  when  the  voyage  commenced.  In  the  case  of  a 
whole  ship,  the  total  yield  if  received  during  the  year,  even  if 
her  voyage  had  lasted  two,  three,  or  four  years,  must  be  reck- 
oned. 

A  person  engaged  in  navigation  and  owning  vessels,  may  bal- 
ance the  gains  and  losses  on  this  branch  of  his  business  as  a 
whole,  setting  the  gains  of  one  against  the  losses  of  another,  in 
eluding  even  the  entire  loss  of  a  vessel  by  capture,  shipwreck, 
01  other  disaster,  on  which  there  was  no  insurance. 

ship-owners  have  insured  themselves,  charging  off  five 


401 

or  seven  per  cent,  per  annum  for  the  loss  or  depreciation  of  their 
vessels,  that  deduction  must  be  made  from  the  income,  and  will 
not  be  subject  to  tax. 

Premiums  paid  for  life  insurance  are  not  to  be  deducted  from 
income.  Family  and  personal  expenses  are  not  to  be  deducted, 
except  as  previously  specified. 

If  a  trust  fund  is  held  for  general  religious  purposes  and  di- 
vided in  proportions  which  are  unsettled,  or  which  are  determ- 
ined by  circumstances,  it  will  not  be  taxed  in  the  hands  of  trus- 
tees, but  in  the  income  of  the  persons  receiving  the  dividends ; 
but  if  the  fund  is  solely  for  the  support  of  a  particular  person, 
or  persons,  it  is  liable  to  taxation,  whether  in  the  hands  of  trus- 
tees or  the  beneficiary. 

The  amount  paid  by  an  executor  or  administrator  to  a  trustee 
is  not  liable  to  a  second  tax  in  the  hands  of  the  latter  as  income, 
but  is  considered  as  principal,  the  income  from  which  when  de- 
rived must  be  returned  by  him. 

The  assessment  paid  on  a  pew  in  a  church  should  be  consid- 
ered as  in  the  nature  of  a  contribution  and  not  a  tax,  and  nei- 
ther this  nor  the  rental  of  a  pew  can  be  deducted  from  the  in- 
come. 

Taxes  paid  by  corporations  cannot  be  allowed  as  deductions 
from  the  income  of  a  stockholder. 

Marriage  fees,  gifts  from  members  of  a  congregation  to  their 
pastor,  &c.,  are  taxable  as  income  when  the  gifts  or  donations 
are  in  the  nature  of  compensation  for  services  rendered,  wheth- 
er in  accordance  with  an  understanding  to  that  effect  at  the  timo 
of  settlement  or  with  an  annual  custom. 

Gifts  of  money  from  father  to  son,  when  not  in  the  nature  of 
payment  for  services  rendered,  or  not  in  pursuance  of  an  attempt 
to  evade  the  revenue  laws,  are  not  liable  to  taxation  as  in- 
come. 

An  assessor  may  require  returns  of  income  from  persons  so- 
journing in  his  district  for  a  few  months  at  a  time,  and  trans- 
mit the  same  to  the  assessors  of  the  several  districts  in  which 
the  parties  reside. 

The  removal  of  a  rotten  and  worthless  roof  to  replace  it  with 
a  new  one  is  to  be  regarded  as  repairs,  but  the  removal  of  an  an- 


402  INTEK3TAI   KBVEIHJB. 

liquated  roof  and  the  substitution  of  a  more  modern  one,  raising 
the  walla  to  conform  thereto,  this  would  be  "  an  improvement*1 
of  the  property,  and  could  not  be  deducted  from  the  income. 

A  foreign  consul  residing  in  this  country  is  liable  to  excise 
duties,  and  also  to  income  tax,  except  as  to  rents  derived  from 
real  estate  not  within  our  jurisdiction. 

The  Shaker  Institution  at  New  Lebanon  (and  probably  other 
Shaker  establishments)  is  allowed  to  deduct  $1,000  for  each  male 
covenanting  member,  these  being  about  one-fifth  of  the  whole 
community. 

The  rate  of  taxation  (whether  three  or  five  per  cent.)  to  which 
an  income  is  subject,  will  be  determined  by  the  net  amount  after 
those  deductions  are  made  which  have  been  specified,  but  the 
rate  must  be  determined  before  the  $1,000  allowed  by  law  is  do 
ducted. 

All  persons  neglecting  or  refusing  to  make  return  of  income, 
except  in  case  of  sickness,  are  liable  to  an  addition  of  fifty  per 
cent,  to  the  amount  ascertained  by  the  assistant  assessor  upon 
such  information  as  he  can  obtain,  and  to  a  fine  of  $100. 

Income  returns  are  to  be  made  out  in  the  month  of  March, 
and  the  income  tax  is  to  be  paid  before  the  thirtieth  day  of  April, 
following,  under  a  penalty  of  five  per  cent,  additional 

All  papers  necessary  to  be  used  for  the  collection  from  the  Gov- 
ernment of  claims  by  soldiers  or  their  legal  representatives  of  the 
United  States,  for  pensions,  back  pay,  bounty,  or  for  property 
lost  in  the  service,  require  no  stamps. 


INTERNAL   REVENUE    STAMP    DUTIES. 


403 


Internal  Revenue  Stamp  Duties. 


Stamp  Duty. 

Ackncncledgment  of  Deeds.  (See 
Exemptions.) 

Accidental  Policies  of  Insurance. 
(See  Exemptions.) 

Affidavits.    (See  Exemptions.) 

Agreement  or  contract,  other  than 
domestic  and  inland  bills  of  la- 
ding, and  those  specified  in  this 
schedule;  any  appraisement  of 
value  or  damage,  or  for  any  other 
purpose ;  for  every  sheet  or  piece 
.of  paper  upon  which  either  of 

the  same  shall  be  written $0  05 

Provided,  That  if  more  than 
one  appraisement,  agreement  or 
contract,  shall  be  written  upr>n 
one  sheet  or  piece  of  paper,  live 
cents  for  each  and  every  addi- 
tional appraisement,  agreement, 
or  contract. 

Applications  for  Bounties Exempt. 

Applications  for  Pensions Exempt. 

Assignment,  of  lease,  stamp  duty 
the  same  as  on  original  instru- 
ment, increased  by  stamp  duty 
on  the  consideration  or  value  of 
the  assignment  equal  to  that  im- 
posed upon  the  conveyance  of 
land  for  similar  consideration  or 
value.  (See  proviso  to  "  Mort- 
gage.") 

Assignment  or  transfer  of  mort- 
gage, or  policy  of  insurance,  or 
the  renewal  or  continuance  of 
any  agreement,  contract,  or  char- 
ter, by  letter  or  otherwise,  is 
subject  to  the  same  duty  as  the 
original  instrument.  (See  pro- 
viso to  "  Mortgage.") 

Assignment,  ordinary,  as  of  bond, 
without  guaranty .' Exempt. 

Hank  Check,  draft,  or  order  for 
the  payment  of  any  sum  of 
money  whatsoever,  drawn  upon 
any  bank,  banker  or  trust  com- 
pany, or  for  any  sum  exceeding 
$10  drawn  upon  any  other  person 
or  persons,  companies  or  corpo- 
ations,  at  sight  or  oa  demand  . .  02 

Sill  of  Exchange  (inland),  draft  or 
order  for  the  payment  of  any  sum 
of  money,  not  exceeding  $100, 
otherwise  than  at  sight  or  on  de- 
mand, or  any  promissory  note 
(except  bank  notes  issued  for 
circulation,  and  checks  made  and 
intended  to  be  forthwith  pre- 
sented, and  which  bhull  be  pro- 


Statnp  Duty. 

sented  to  a  bank  or  banker  for 
payment),  or  any  memorandum, 
check,  receipt  or  other  written  or 
printed  evidence  of  an  amount  of 
money  to  be  paid  on  demand,  or 
at  a  time  designated,  for  a  sum 

not  exceeding  $100 $0  Ofl 

And  for  every  additional  $100 
or  fractional  part  thereof  in  ex- 
cess of  $100 OC 

Bill  of  Exchange  (foreign),  or  let- 
ter of  credit,  drawn  iu  but  pay- 
able out  of  the  United  States.  If 
drawn  singly  or  otherwise  than 
in  a  set  of  three  or  more,  accord- 
ing to  the  custom  of  merchants 
and  bankers,  shall  pay  the  same 
rates  of  duty  as  inland  bills  of 
exchange  or  promissory  notes. 

If  drawn  in  sets  of  three  or 
more,  for  every  bill  of  each  set, 
where  the  sum  made  payable 
shall  not  exceed  $100,  or  the 
equivalent  thereof,  in  any  foreign 
currency  in  which  such  bills  may 
be  expressed,  according  to  the 
standard  of  value  fixed  by  the 

United  States OS 

And  for  every  additional  $100 
or  fractional  part  thereof  in  ex- 
cess of  $100 OS 

[The  acceptor  or  acceptors  of 
any  bill  of  exchange  or  order  for 
the  payment  of  any  sum  of 
money  drawn,  or  purporting  to 
be  drawn,  in  any  foreign  country, 
but  payable  in  the  United  States, 
shall,  before  paying  or  accepting 
the  same,  place  thereupon  a 
stamp  indicating  the  duty  upon 
the  same,  as  the  law  requires  for 
inland  bills  of  exchange,  or  pro- 
missory notes;  and  no  bill  of  ex- 
change shall  be  paid  or  negoti- 

'  ated  without  such  stamp;  and  if 
any  person  shall  pay  or  negotiate, 
or  offer  in  payment,  or  receive  or 
take  in  payment,  any  such  draft 
or  order,  the  person  or  persons  so 
offending  shall  forfeit  the  sum  of 
$200.  . 

Bill  of  Lading  or  receipt  (other 
than  charter  party),  for  any  goods, 
merchandise  or  effects  to  be  ex- 
ported from  a  port  in  the  U.  8.  to 
any  foreign  port,  but  not  to  or 
from  ports  in  British  N.  America  0  10 

Bill  of  Sale  by  which  any  ship  or 


404 


INTEEXAL   REVENUE    STAMP    DUTIES, 


Stamp  Duty. 

vessel  01  any  part  thereof,  shall 
by  conveyed  to  or  vested  in  any 
other  person  or  persons,  when 
the  consideration  shall  not  ex- 
ceed $500 $0  50 

Exceeding  $500,  and  not  ex- 
ceeding $1,000 100 

Exceeding  $1,000,  for  every 
additional  amount  of  $500,  or 
fractional  part  thereof 60 

Bond,  for  indemnifying  any  per- 
eon  for  the  payment  of  any  sum 
of  money  where  the  money  ulti- 
mately recoverable  thereupon  is  j 

11,000  or  less ,.         50 

"Where  the  money  ultimately 
recoverable  thereupon  exceeds 
$1,000,  for  every  additional  $1,000 
or  fractional  part  thereof  in  ex- 
cess of  $1,000 50 

Bond  for  the"  due  execution  nnd 
performance  of  the  duties  of  any 
office 1  00 

Bonds  of  any  description,  other 
than  such  as  may  be  required  in 
legal  proceedings,  or  used  in  con- 
nection with  mortgage  deeds, 
ami  not  otherwise  charged  in 
this  schedule 25 

Bond  and  Mortgage.  (See  "Mort- 
gage.") 

Bounty  Applications.  (See  Ex- 
emptions.) 

Certificate  of  Stock  in  any  incor- 
porated company 25 

Certificates  of  Profits,  or  any  cer- 
tificate or  memorandum  showing 
an  interest  in  the  property  or  ac- 
cumulations of  any  incorporated 
company,  if  for  a  sum  not  less 
than  $10  and  not  exceeding  $50.  0  10 

Exceeding  $50  and  not  exceed- 
ing $1,000 25 

Exceeding  $1,000,  for  every 
additional  $1,000  or  fractional 
part  thereof 25 

-Certificate. — Any  certificate  of 
damage,  or  otherwise,  and  all 
other  certificates  or  documents 
issued  by  any  port  warden,  ma- 
rine surveyor,  or  other  person 
acting  as  such 25 

Certificate  of  Deposit  of  any  sum 
of  money  in  any  bank  or  trust 
company,  or  with  nny  banker  or 
person  acting  as  such  : 
If  for  a  sum  not  exceeding  $100        02 
If  for  a  sum  exceeding  $100. ..        05 

Cortificate  of  any  other  descrip- 

tion  than  those  specified 05 

[N.B. — As  a  general  rule,  every 
certificate  which  has,  or  may 
have,  a  legal  value  in  any  court 
of  law  or  equity,  will  require  a 
a  stamp  duty  of  5  cents.]  | 


Stamp  Doty, 

Certificates    of    measurement   ol 
wood,  hay,  coal,  live  stock,  etc. 
(See  Exemptions.) 
Certificate  of  Record  of  Deed. 

(See  Exemptions.) 
Charier  Pa rty. -Contract  or  agree- 
ment for  the  charter  of  any  ehlp 
or  steamer,  or  any  letter,  memo- 
randum, or  other  writing  be- 
tween the  captain,  master  or 
owner,  or  person  acting  as  agent 
of  any  ship,  or  vessel,  or  stenmer, 
and  any  other  person  or  persons 
for  or  relating  to  the  charter  of 
such  ship  or  vessel,  or  steamer, 
or  any  renewal  or  transfer  there- 
of, if  the  registered  tonnage  of 
such  ship,  vessel  or  steamer,  does 

not  exceed  150  tons %'>    A 

Exceeding  150  tons  and  not 

exceeding  300 t  OC 

Exceeding  800  tons,  and  not 

exceeding  600  tons B  00 

Exceeding  600  tons 19  00 

Contract.  (See  ''Agreement.") 
Contract. — Broker's  note  or  memo- 
randum of  sale  of  any  goods  or 
merchandise,  exchange,  real  es- 
state,  or  property  of  any  kind  or 
description  issued  by  brokers  or 
persons  acting  as  such,  for  each 

note  or  memorandum  of  sale 0  16 

Bill,  or  memorandum  of  the 
sale  or  contract  for  tho  sale  of 
stocks,  bonds,  gold  or  silver  bul- 
lion, coin,  promissory  notes,  or 
other  securities,  shall  pay  a  stamp 
tax  at  the  rate  provided  in  sec- 
tion 99. 

Conveyance,  deed,  instrument  or 
writing,  whereby  any  lands,  tene- 
ments, or  other  realty  sold,  shall 
be  granted,  assigned,  transferred, 
or  otherwise  conveyed  to,  or 
vetted  in,  the  purchaser  or  pur- 
chasers, or  any  other  persons,  by 
Ms,  her,  or  their  direction  wlieff 
the  consideration  or  value  of  the 
interest  or  property  conveyed 

does  not  exceed  $500 60 

When  the  consideration  or  val- 
ue exceeds  $500,  and  does  not 

exceed  $1,000 i  00 

And  for  every  additional  $500, 
or  fractional  part  thereof  in  es- 
cess  of  $1,00U 5V 

S.B. — In  conveyance  of  real 
e,  the  law  provides  that  the 
stamp  affixed  must  answer  to  the 
value  of  the  estate  or  interest 
conveyed. 

No  stamp  Is  required  on  any 
warrant  of  attorney  accompany- 
ing a  bond  or  notf,  when  such 
bond  or  note  has  affixed  thereto 


IWIER^AL   REVENUE    STAMP    DUTIES. 


405 


Stamp  Duty. 

gho  stamp  or  stamps  denoting 
the  duty  required ;  and  whenever 
any  bond  or  note  is  secured  by 
mortgage,  but  one  stamp  duty  ia 
required  on  such  papers,  such 
stamp  duty  being  the  highest 
rates  required  for  such  instru- 
ments, or  either  of  them.  In 
such  case,  a  note  or  memorandum 
of  the  value  or  denomination  of 
the  stamp  affixed  should  be  made 
upon  the  margin  or  in  the  ac- 
knowledgment of  the  instru- 
ment which  is  not  stamped.] 

fntry  of  any  goods,  wares  or  mer- 
chandise, at  any  custom-house, 
either  for  consumption  or  ware- 
housing, not  exceeding  $100  in 

value $0  25 

Exceeding  $100,  and  not  ex- 
ceeding $500  in  value 60 

Exceeding  $500  in  value 1  00 

fntry  for  the  withdrawal  of  any 
goods  or  merchandise  from  bond- 
ed warehouse 60 

Insurance  (Life). — Policy  of  insu- 
rance, or  other  instrument,  by 
whatever  name  the  same  shall  bo 
called,  whereby  any  insurance 
shall  be  made  upon  any  life  or 
lives: 
"When  the  amount  insured  shall 

not  exceed  $1,000 25 

Exceeding  $1,000,  and  not  ex- 
ceeding $5,000 50 

. Exceeding  $5,000. .., 1  00 

Insurance  (Accidental),  certificate 
of.  (See  Exemptions.) 

Insurance  (Marine,  Inland  and 
Fire). — Each  policy  of  insurance 
or  other  instrument,  by  whatever 
name  the  same  shall  be  called,  by 
which  insurance  shall  be  made 
or  renewed  upon  property  of  any 
description,  whether  against  per- 
ils by  the  sea  or  by  fire,  or  other 
peril  of  any  kind,  made  by  any 
insurance  company,  or  its  agents, 
or  by  any  other  company  or  per- 
•on,  the  premium  upon  Avkich 

does  not  exceed  $10 10 

Exceeding  $10,  and  not  ex- 
ceeding $50  ...  25 

Exceeding  $50 60 

Lease,  agreement,  memorandum, 
or  contract  for  the  hire,  use,  or 
rent  of  any  land,  tenement,  or 
portion  thereof,  where  the  rent 

;•  er  rental  value  ia  $200  per  an- 
num, or  less 60 

Where  the  rent  or  rental  value 
exceeds  the  sum  of  $200  per  an- 
num, for  each  additional  $200  or 
fractional  part  thereof  in  excess 
of$200 60 


Stamp  Duty 

[N".B.— Lease  of  coal  and  iron 
lands,  subject  to  duty  under 
head  of  "  Conveyance,"  perpetual 
lease,  subject  to  stamp  under 
head  of  "  Conveyance," — the 
stamp  duty  to  be  measured  by 
resolving  the  annual  rental  into 
a  capital  sum. 

Clause  of  a  guarantee  of  pay- 
ment of  rent,  incorporated  or  in- 
dorsed, 5  cents  additional.] 
Letters  of  Credit.    (Soe  "Bills  of 

Exchange,  foreign.1") 
Letters  of  Administration,    (See 

«'  Probate  of  Will.") 
Manifest  for  Custom-house  entry 
or  clearance  of  the  cargo  of  any 
ship,  vessel,  or  steamer  for  a  for- 
eign port: 

If  the  registered  tonnage  of 
such  ship,  vessel  or  steamer  does 
not  exceed  800  tons. $1  00 

Exceeding  800  tons,  and  not 
exceeding  GOO  tons 3  Ofl 

Exceeding  60U  tons 5  00 

Mortgage  of  lands,  estate,  or  prop- 
erty, real  or  personal,  heritable 
or  movable,  whatsoever,  where 
the  same  shall  be  made  as  a  se- 
curity for  the  payment  of  any 
definite  and  certain  sum  of  money 
lent  at  the  time,  or  previously 
due  and  owing,  or  forborne  to  be 
paid,  being  payable ;  also,  any 
conveyance  of  any  lands,  estate, 
or  property  whatsoever,  in  trust, 
to  be  sold,  or  otherwise  convert- 
ed into  money,  which  shall  be 
intended  only  as  security,  and 
shall  be  redeemable  before  the 
sale  or  other  disposal  thereof, 
either  by  express  stipulation  or 
otherwise ;  or  any  personal  boad 
given  as  security  for  the  pay- 
ment of  any  definite  or  certain 
sum  of  money  exceeding  $100 
and  not  exceedi  ng  $500 60 

Exceeding  $500,  and  not  ex- 
ceeding $1,000. 1  00 

And  for  every  additional  $500, 
or  fractional  part  thereof,  in  ex- 
cess of  $1,000 6fl 

Provided,  that  upon  each  and 
every  assignment  or  transfer  of 
a  policy  or  insurance,  or  the  re- 
newal or  continuance  of  any 
agreement,  contract  or  charter, 
by  letter  or  otherwise,  a  stamp 
duty  shall  be  required  and  paid 
equal  to  that  imposed  on  the 
original  instrument:  And  pro- 
vided further,  That  upon  each 
and  every  assignment  of  any 
lease  a  stamp  duty  shall  be  re- 
quired and  paid  equal  to  that  iaa- 


406 


INTERNAL   REVENUE   STAMP    DUTIES. 


Stamp  Duty. 


eignment  equal  to  that  imposed 
upon  the  conveyance  of  laud  for 
similar  consideration  or  value. 

Upon  every  assignment  or 
transfer  of  a  mortgage  the  same 
stamp-tax  upon  the  amount  re- 
maining unpaid  thereon  as  is 
herein  imposed  upon  a  mortgage 
for  the  same  amount. 

Passage  Ticket,  by  any  YCSSC!  from 
a  port  in  the  United  States  to  a 
foreign  port,  rot  exceeding  $35,  $0  00 

Exceeding  $35,  and  not  ex- 
ceeding $50 1  00 

And  for  every  additional  $50, 
or  fractional  part  therefor  in  sx- 
cessof  $50 1  00 

Pension  Papers.  (See  Ex«mp- 
tiofls.) 

Power  of  Attorney  for  the  sale  or 
transfer  of  any  stock,  bonds  or 
scrip,  or  for  the  collection  of  any 
dividends  thereon. 25 

Powtr  of  Attorney,  or  proxy  for 
voting  at  any  election  for  officer* 
of  any  incorporated  company  or 
society,  except  religious,  charit- 
able, or  literary  societies,  or  pub- 
lic cemeteries 10 

Power  of  Attorney  to  receive  or 
collect  rent 25 

fower  of  Attorney  to  sell  and  con- 
vey real  estate,  or  to  rent  or 
lease  the  same 1  00 

Power  of  Attorney  for  any  other 
purpose 50 

Probate  of  Will,  or  letters  of  ad- 
ministration:  Where. the  estate 
and  effects  for  or  in  respect  of 
which  such  probate  or  letters  of 
administration  applied  for  shall 
be  sworn  or  declared  not  to  ex- 
ceed the  value  of  $2,000,  but  no 
stamp  required  where  value  does 

not  exceed  $1,000 100 

Exceeding  $2,000,  for  every 
additional  $1,000,  or  fractional 
part  thereof  in  excess  of  $3,000  60 

[N.B. — The  bonds  of  Executors, 
Administrators,    Trustees    and 
Guardians  are  each  subject  to  a 
stamp  duty  of  1.00.] 
Letters  of  Appointment- . .  .Exempt 
Certificate  of  Appointment. . .        05 

Promissory  Note,  or  memorandum 
check,  receipt,  or  other  written 
or  printed  evidence  of  an  amount 
of  money  to  be  paid  on  demand, 
or  at  a  time  designated,  whether 
given  for  twenty  dollars  or  an 
amount  more  or  lets  than  twenty 
dollars,  also  judgment  notes,  are 


Stamp  Dmtj, 

iubject  to  the  same  stamp  duty 
as  "Bills  of  Exchange,  Inland." 
[A  renewal  of  a  Promissory 
note  subjects  it  to  tho  same 
amount  of  stamp  dtty  as  an 
original  note.] 

Protest. — Upon  the  protest  of  ev- 
ery note,  bill  of  exchange,  ac- 
ceptance, check,  draft,  or  any- 
marine  protest,  whether  protest- 
ed by  a  notary  public  01  by  any 
other  officer  who  may  be  author- 
ized by  the  law  of  any  State  or 
States  to  make  such  protest  . . .  $0  88 

Quit-Claim  Deed  should  be  stamp- 
ed as  "Conveyance,"  except 
when  given  as  '-release  of  mort- 
gage," in  which  case  it  is  exempt 

Mectipts  for  any  sum  of  money,  or 
for  the  payment  of  any  debt  ex- 
ceeding $20  in  amount  being  for 
the  satisfaction  of  any  mortgage 
or  judgment,  or  decree  of  any 
court,  or  by  indorsement  on  any 
stamped  obligation  in  acknowl 
edgment  of  its  fulfillment,  for 

each  receipt 01 

Provided,  That  when  more 
than  one  signature  is  affixed  to 
the  same  paper,  one  or  more 
etamps  may  be  affixed  thereto, 
representing  the  whole  amount 
of  the  stamp  required  for  such 
signatures;  and  that  the  term 
money,  as  herein  used,  shall  bo 
held  to  include  drafts  and  other 
instruments  given  for  the  pay- 
ment of  money. 

Release,  discharge  and  satisfaction 
or  mortgage Exempt. 

Sheriff  s  Return  on  writ  or  other 
process Exempt 

Trust  Deed,  mado  to  secure  a  debt, 
is  to  be  stamped  as  a  mort- 
gage. 

Crust  Deed,  conveying  estate  to 
uses,  "iouJl  be  stamped  as  "Con- 
veyance" 

[N.B.— A  mortgage  or  trust 
deed  being  duly  stamped  as 
"Mortgage,"  is  not  subject  to 
further  stamp  duty  by  virtue  of 
a  power  of  attorney  or  power  of 
sale  contained  therein.] 

Weighers'  returns,  If  for  a  weight 

not  exceeding  5,000  pounds $0  19 

Exceeding  5,000  pounds S$ 


POSTAL   BATES    AND   BEGULATIONS.  409 

Postal  Rates  and  Regulations. 

LETTERS.— TJie  law  requires  postage  on  all  letters  (including 
those  to  foreign  countries  when  prepaid),  excepting  those  writ- 
ten to  the  President  or  Vice-President,  or  members  of  Congress, 
or  (on  official  business)  to  the  chiefs  of  the  executive  depart- 
ments of  the  government,  and  the  heads  of  bureaux  and  chief 
clerks,  and  others  invested  with  the  franking  privilege,  to  be 
prepaid  by  stamps  or  stamped  envelopes,  prepayment  in  mone^y 
being  prohibited. 

All  drop-letters  must  be  prepaid.  The  rate  of  postage  on 
drop-letters,  at  offices  where  free  delivery  by  carrier  is  estab- 
lished, is  two  cents  per  half  ounce  or  fraction  of  a  half  ounce ; 
at  offices  where  such  free  delivery  is  not  established,  the  rate  is 
one  cent. 

The  single  rate  of  postage  on  all  domestic  mail  letters  through- 
out the  United  States  is  three  cents  per  half  ounce,  with  an  ad- 
ditional rate  of  three  cents  for  each  additional  half  ounce  01 
fraction  of  a  half  ounce.  The  ten  cent  (Pacific)  rate  is  abolished. 

To  and  from  Canada  and  New  Brunswick,  10  cents  per  half 
ounce,  irrespective  of  distance. 

To  and  from  other  British  North  American  Provinces,  for  dis- 
tance not  over  3,000  miles,  10  cents,  over  3,000,  15  cents. 

For  every  additional  half  ounce,  or  fraction  of  a  half  ounce, 
an  additional  rate  is  charged.  Prepayment  is  optional  on  all 
letters  for  the  British  North  American  Provinces  except  New- 
foundland, to  which  prepayment  is  compulsory. 

Persons  mailing  letters  may  write  on  them  a  request  to  the 
postmaster  to  return  if  not  delivered  in  any  number  of  days  they 
may  choose  to  mention,  and  it  is  the  duty  of  the  p.m.  to  do  so. 

NEWSPAPERS,  ETC. — Letter  postage  is  to  be  charged  on  all 
handbills,  circulars,  or  other  printed  matter  which  shall  contain 
any  manuscript  writing  whatever. 

Daguerreotypes,  when  sent  in  the  mail,  are  to  be  charged  with 
letter  postage  by  weight. 

Photographs  on  cards,  paper,  and  other  flexible  material  (not 
in  cases),  can  be  sent  at  the  same  rate  as  miscellaneous  printed 
matter — viz.  two  cents  for  each  four  ounces,  or  fraction  thereof. 

Photographic  albums  are  chargeable  with  book  postage — foul 
cents  for  each  four  ounces,  or  fraction  thereof. 


410  POSTAL   BATES   AXE    REGULATIONS. 

NEWSPAPER  POSTAGE. — Postage  on  daily  papers  to  subscribers 
wnen  prepaid  quarterly  or  yearly  in  advance,  either  at  the  mail- 
ing office  or  office  of  delivery,  per  quarter  (three  months),  35 
cents ;  six  times  per  -week,  per  quarter  30  cents ;  for  tri-weekly, 
per  quarter  15  cents ;  for  semi-weekly,  per  quarter  10  cents  ;  for 
weekly,  per  quarter  5  cents. 

Weekly  newspapers  (one  copy  only)  sent  by  the  publisher  to 
actual  subscribers  within  the  county  where  printed  and  pub- 
lished,/?*^. 

Postage  per  quarter  (to  be  paid  quarterly  or  yearly  in  advance) 
on  newspapers  and  periodicals  issued  less  frequently  than  once  a 
week,,  sent  to  actual  subscribers  in  any  part  of  the  United  States : 

Semi-monthly,  not  over  4  oz.  6  cents ;  over  4  oz.  and  not  over 
8  oz.  12  cents ;  over  8  oz.  and  not  over  12  oz.  18  cents ;  monthly, 
not  over  4  oz.  3  cents ;  over  4  oz.  and  not  over  8  oz.  6  cents ; 
over  8  oz.  and  not  over  12  oz.  9  cents;  quarterly,  not  over  4  oz. 
1  cent ;  over  4  oz.  and  not  over  8  oz.  2  cents ;  over  8  oz.  and  not 
over  12  oz.  3  cents. 

TRANSIENT  MATTER. — Books,  not  over  4  oz.  in  weight,  to 
one  address,  4  cents ;  over  4  oz.  and  not  over  8  oz.  8  cents ;  over 
8  oz.  and  not  over  12  oz.  12  cents ;  over  12  oz.  and  not  over  16 
oz.  16  cents. 

Circulars,  not  exceeding  three  in  number,  to  one  address,  2 
cents ;  over  three  and  not  over  six,  4  cents ;  over  six  and  not 
over  nine,  6  cents;  over  nine  and  not  exceeding  twelve,  8  cents. 

On  miscellaneous  mailable  matter,  (embracing  all  pamphlet, 
occasional  publications,  transient  newspapers,  hand-bills  and 
posters,. book  manuscripts  and  proof-sheets,  whether  corrected  or 
not,  maps,  prints,  engravings,  sheet  music,  blanks,  flexible  pat- 
terns, samples  and  sample-cards,  phonographic  paper,  lettei 
envelopes,  postal  envelopes,  or  wrappers,  cards,  paper,  plain  or 
ornamental,  photographic  representations  of  different  types, 
seeds,  cuttings,  bulbs,  roots,  and  scions,)  the  postage  to  be  pre- 
paid by  stamps,  is,  on  one  package,  to  one  address,  not  over  4 
oz.  in  weight,  2  cents ;  over  4  oz.  and  not  over  8  oz.  4  cents ;  over 
8  oz.  and  not  over  12  oz.  6  cents;  over  12  oz.  and  not  over  16  oz. 
8  cents.  The  weight  of  packages  of  seeds,  cuttings  roots  and 
scions,  to  be  franked,  is  limited  to  thirty-two  ounces. 


POSTAL  MONEY   OKDEB   SYSTEM.  411 

[AH  printed  matter  (except  single  copies  of  newspapers,  tnaga- 
tines  and  periodicals  to  regular  subscribers)  sent  via  overlan^ 
mail,  is  to  be  charged  at  letter  postage  rates.] 

Any  word  or  communication,  whether  by  printing,  writing, 
marks  or  signs,  upon  the  cover  or  wrapper  of  a  newspaper, 
pamphlet,  magazine,  or  other  printed  matter,  other  than  the 
name  and  address  of  the  person  to  whom  it  is  to  be  sent,  and 
the  date  when  subscription  expires,  subjects  the  package  to 
letter  postage. 

LETTER  POSTAGE  TO  FOREIGN  COUNTRIES. — For  each  half 
ounce :  To  England,  Ireland,  and  Scotland,  24  cents ;  to  France 
and  Algeria,  by  French  mails,  15  cents  quarter  ounce.  By  the 
Bremen  or  Hamburg  mails,  the  postage  to  Bremen  and  Hamburg 
is  10  cents;  to  Frankfort  and  Wurtemburg,  15  cents;  to  the 
German  States,  Prussia,  Austria,  and  its  States,  and  Lornbardy, 
15  cents ;  to  the  Sardinian  States,  23  cents ;  to  Papal  States,  28 
cents ;  to  the  Two  Sicilies,  22  cents ;  to  Denmark,  20  cents ;  to 
Sweden,  33  cents ;  to  Norway,  38  cents ;  to  Russia,  29  cents.  By 
the  Prussian  closed  mails,  or  by  French  mail,  the  postage  to  these 
countries  is  higher.  The  prepayment  of  letters  to  them,  except' 
ing  to  the  Two  Sicilies,  is  optional ;  as  also  to  Canada  and  the 
British  North  American  States,  where  the  postage  is  10  cents  un- 
der 3,000  miles,  and  15  cents  over.  To  the  following,  postage 
must  be  prepaid :  To  British  West  Indies,  Aspinwall,  Panama, 
and  Mexico,  10  cents  under  2,500  miles,  20  cents  over ;  to  New 
Granada,  18  cents ;  to  Peru,  22  cents ;  to  Ecuador,  Bolivia,  and 
Chili,  34  cents;  to  Sandwich  Islands,  New  South  Wales,  and 
China,  by  mail  to  San  Francisco,  thence  by  private  ship,  10  cents ; 
to  China  and  Australia  via  England,  33  and  45  cents,  via  Mar- 
seilles,  35  and  57  cents. 

Postal  Money  Order  System, 

How  TO  OBTAIN  MONEY  ORDERS.— Orders  may  be  given  at 
any  office  authorized  to  transact  this  business,  for  one  dollar  up 
to  fifty  dollars.  The  following  blank,  with  explanatory  note* 
Which  accompany  it,  gives  a  very  plain  idea  of  the  process  by 
Which  orders  may  be  obtained : 


412  POSTAL  MONET   ORDER  SYSTEM. 

Application  for  Itf&ney  Order. 
(To  be  filled  up  by  the  applicant.) 

No.  — ,  Amount,  $ . 

Date, , ,  186—. 

Money  Order. 

Required  for  the  sum  of  $ ,  payable  at ,  State  of . 

Payable  to  ,  residing  at ,  State  of .     Sent  by , 

residing  at ,  State  of .    Entered  in  register. 

,  Postmaster. 

NOTE. — The  applicant  must,  in  all  cases,  give  his  own  Chris- 
tian name  in  full ;  and  when  the  Christian  name  of  the  payee  is 
known,  it  should  be  so  stated ;  otherwise  initials  may  be  used. 
The  Christian  names  of  married  women  must  be  given,  and  not 
those  of  their  husbands. 

Names  of  parties  and  places,  and  the  sums,  to  be  written  in 
the  plainest  possible  manner. 

As  there  are  several  places  of  the  same  name  in  the  United 
States,  remitters  must  be  careful  to  indicate  which  of  them  they 
mean ;  and  the  Postmaster  will  satisfy  himself  before  writing 
out  the  order,  that  the  place  indicated  is  the  one  intended. 

On  the  back  of  the  application  are  the  rates  of  commission,  as 
follows : 

RATES   OP   COMMISSION   CHARGED   FOR   MONEY  ORDERS. 

On  orders  not  exceeding  $20 — 10  cents.  Over  $20  and  not 
exceeding  $50—25  cents. 

No  single  order  issued  for  less  than  $1  or  more  than  $50 ;  and 
no  fraction  of  cents  to  be  introduced  in  an  order.  No  orders  to 
be  issued  on  credit. 

These  orders  are  only  payable  by  the  Postmaster  at  the  office 
upon  which  it  is  drawn.  Payment  of  all  orders  should  be  ob- 
tained before  the  expiration  of  ninety  days  from  the  date  of  issue. 

The  Post  Office  Department  will  not  be  responsible  for  the 
payment  of  claims  already  collected,  no  matter  who  presents  the 
order,  and  if  the  official  forms  be  mutilated  in  any  way,  there 
may  be  difficulty  in  obtaining  payment. 

Instructions  are  endorsed  on  the  back  of  each  order,  which 
will  enable  parties  to  proceed  in  the  business  intelligently. 


CUSTOM-HOUSE     REGKJLATTOISrS. 

Manifests  of  Ships— Foreign  and  American  Vessels— Ton- 
nage Duties— Coasting  Trade  and  Fisheries— Arrivals 
and  Clearances— Entry  of  Goods  at  Custom-house— Ware- 
housing Goods- 

1.  Vessels  of  the  United  States  coming  from  foreign  ports. — No  vessel 
from  a  foreign  port  can  enter  and  discharge  her  cargo  except  at  one 
of  the  ports  of  entry  or  delivery  established  by  Congress. 

No  goods  can  be  brought  into  the  United  States  from  a  foreign  port, 
in  any  vessel  belonging  in  whole  or  in  part  to  a  citizen  of  the  United 
States,  unless  the  master  of  such  vessel  shall  have  on  board  a  written 
manifest,  signed  for  him,  containing,  1st.  The  name  of  the  place  where 
the  goods  were  taken  on  board  and  also  that  to  which  they  are  con- 
signed ;  2d.  The  name,  description,  and  build  of  the  vessel ;  3d.  Her 
tonnage  and  the  names  of  the  owner  and  master ;  4th.  A  particular 
account  of  the  goods  and  the  names  of  the  parties  to  whom  they  arc 
consigned,  which  must  correspond  with  the  bills  of  lading ;  and,  5th. 
The  names  of  the  passengers  and  a  description  of  their  baggage,  and  & 
statement  of  the  remaining  stores,  if  any. 

All  merchandise  not  included  in  the  manifest  is  forfeited,  and  may 
be  seized  by  the  custom  officers. 

The  master  of  the  vessel,  on  his  arrival  in  port,  must  deliver  a  copy 
of  the  manifest  to  the  first  officer  of  the  customs  who  may  come  on 
board ;  this  officer  certifies  to  its  receipt  on  the  original  manifest, 
which  the  master  must  deliver  to  the  collector  of  the  port.  If  the 
original  be  shown  without  such  certificate,  the  master  must  swear  that 
no  copy  was  called  for  by  the  officers.  After  the  visit  of  the  first 
officer,  it  is  sufficient  to  show  the  original,  with  the  endorsements,  to 
other  officers. 

Any  vessel  from  a  foreign  port,  unloading  goods  within  four  leagues 
of  the  United  States  coast,  or  within  the  limits  of  any  district  of  the 
United  States,  without  authority  from  the  officers  of  the  port,  the 
master  and  mate  of  such  vessel  forfeit  one  thousand  dollars  each  for 
each  offence,  and  the  goods  themselves  are  forfeited  to  the  Government, 
and  may  be  seized  by  the  custom  officers — except  such  unloading  arise 
from  accident,  necessity,  or  stress  of  weather — which  fact  must  be 
made  known  to  the  collector,  and  proved  under  oath  by  the  master 
mato,  and  one  other  officer  or  mariner. 

(413 


414  CUSTOM-HOUSE  EEGULATIONS. 

Any  master  refusing  to  exhibit  the  manifest,  or  delivering  a  true 
copy  of  the  same  to  the  proper  officer,  or  neglecting  or  refusing  to 
inform  such  officer  of  the  true  destination  of  the  vessel,  is  finable  in 
the  sum  of  five  hundred  dollars  for  each  offence. 

It  is  the  duty  of  the  master  of  every  American  vessel  from  a  foreign 
port  to  have  his  manifest  made  out  at  the  time  of  leaving  such  port. 
The  tune  of  lading  is  the  most  proper  for  making  out  a  manifest  of  the 
cargo.  The  master  is  finable  in  the  sum  of  five  hundred  dollars  if  his 
manifest  is  not  ready  to  exhibit  to  any  custom  officer  who  may  board 
his  vessel  within  four  leagues  of  the  coast 

In  case  any  package  reported  in  the  manifest  be  not  found  on  board ; 
in  case  the  merchandise  do  not  perfectly  agree  with  the  manifest ;  in 
case  the  master  cannot  prove,  to  the  satisfaction  of  the  collector  and 
naval  officer  of  the  port,  or,  when  on  trial,  to  the  satisfaction  of  the 
court,  that  no  part  of  the  merchandise  of  the  vessel  has  been  unladen 
since  it  was  taken  on  board,  except  as  specified  in  the  manifest,  or 
that  the  disagreement  is  owing  to  accident  or  mistake,  he  is  liable  to  a 
fine  of  five  hundred  dollars. 

If  any  part  of  the  cargo  of  a  vessel  be  unladen  before  entry,  and 
received  on  another  vessel  or  boat,  except  in  case  of  accident,  neces- 
sity, or  stress  of  weather,  which  must  be  duly  notified  and  proved,  the 
person  in  charge  of  such  vessel  or-boat,  and  all  who  aid  or  assist 
him,  forfeit  three  times  the  value  of  the  merchandise,  and  the  boat 
also. 

On  the  arrival  of  a  vessel  from  a  foreign  port,  the  master  is  required 
to  exhibit  a  certified  copy  of  his  crew-list  to  the  first  boarding  officer, 
who  must  examine  and  compare  the  list  with  the  men  on  board,  and 
report  to  the  collector,  who  will  transmit  a  copy  of  such  list  to  tho 
collector  of  the  port  from  which  the  vessel  originally  sailed. 

The  master  of  a  vessel  coming  from  a  foreign  port  is  also  required, 
before  the  vessel  can  be  entered,  to  exhibit  to  the  collector  a  true 
account  of  the  number  of  seamen  employed  on  board  since  her  last 
entry  at  any  port  of  the  United  States,  and  pay  the  collector  twenty 
cents  per  month  for  every  seaman  so  employed. 

In  every  vessel  of  the  United  States  engaged  in  foreign  trade  tho 
officers  and  two-thirds  of  the  crew  must  be  citizens  of  the  United 
States,  or  not  the  subjects  of  any  foreign  power. 

The  master  of  any  vessel  arriving  at  any  port  of  the  United  Statea 
from  a  foreign  country,  must  at  the  time  of  delivering  the  manifest  of 
his  cargo,  als?  deliver  a  list  of  all  passengers  taken  on  board  the  vessel 


CUSTOM-HOUSE  EEGULATIONS.  415 

at  any  foreign  port,  and  this  list  must  specify  the  ages,  sex,  and  occu- 
pation of  each,  the  part  of  the  vessel  occupied  by  them,  the  countries 
to  which  they  severally  belong,  the  country  or  state  of  which  they 
intend  to  become  inhabitants,  and  whether  any  and  what  number  har« 
died  during  the  .voyage. 

Before  an  entry  can  be  made  the  register  or  other  document  in  lieu 
of  register,  and  the  clearance  and  other  papers  granted  by  the  officers 
of  customs  to  the  vessels  at  the  port  of  departure  (except  Mediterra- 
nean passports),  must  be  deposited  with  the  collector  and  remain  in 
his  office  till  a  clearance  is  granted.  He  must  also  declare  under  oath 
whether  any  of  his  crew  have  been  employed  or  detained  by  any 
foreign  power. 

A  foreign  duty  of  ten  cents  per  ton  of  the  measurement  of  all  ships, 
vessels,  or  steamers  coming  into  the  United  States  from  any  foreign 
port  or  place,  is  by  the  Act  of  July  14th,  1862,  collectable,  and  must 
be  paid  to  the  collector  at  the  time  of  entry.  It  is  provided,  however, 
that  this  tax  on  tonnage  duty  shall  be  paid  but  once  a  year  on  any 
vessel  or  steamer  having  a  license  to  trade  between  different  districts 
of  the  United  States,  or  to  carry  on  the  bank,  whale  or  other  fisheries, 
while  employed  therein,  or  on  any  vessel  or  steamer  to  or  from  any 
port  in  Mexico,  the  British  provinces  of  North  America,  or  any  of  the 
"West  India  Islands ;  and  also  that  nothing  contained  in  this  act  should 
impair  any  rights  and  privileges  which  have  been  or  might  be  acquired 
by  any  foreign  nation  under  the  laws  and  treaties  of  the  United  States 
relative  to  the  duty  and  tonnage  of  vessels. 

2.  Foreign  vessels  entering  United  States  ports. — "When  a  foreign  ves- 
sel comes  into  a  United  States  port,  her  registry  or  other  document  in 
lieu  thereof,  together  with  the  clearance  and  other  papers  granted  by 
the  officers  of  customs  at  her  port  of  departure,  must  be  produced, 
before  entry,  to  the  collector  of  the  port  with  whom  the  entry  is  to 
made,  and  the  master  of  the  vessel  must  within  forty-eight  hours  after 
euch  entry,  deposit  the  papers  with  the  consul  of  the  nation  to  which 
the  vessel  belongs,  and  deliver  to  the  collector  the  certificate  of  the 
consul  that  the  papers  have  been  so  deposited,  and  a  failure  to  do  so 
will  be  punished  by  a  fine  of  not  less  than  $500  to  $2000.  These) 
papers  cannot  be  returned  to  the  master  by  the  consul,  till  he  brings  a 
clearance  in  due  form  from  the  collector  of  the  port.  This  regulation 
does  not  apply  to  vessels  of  foreign  nations  in  whose  ports  United 
States  consuls  are  not  permitted  to  have  the  custody  of  papers  of 
vessels  of  the  United  States  entering  the  ports  of  such  n,atlQa»» 


416  CUSTOM-HOUSE   REGULATIONS. 

Before  making  entry  or  breaking  bulk  of  any  vessel  arriving  in  any 
port  of  the  United  States,  all  letters  on  board  such  vessel  must  be 
delivered  into  the  nearest  post-office  ;  and  the  collector  and  other  offi- 
cers of  the  customs  are  authorized  to  examine  and  search  every  vessel 
for  letters  which  may  be  on  board,  or  have  been  carried  and  transported 
contrary  to  law.  The  penalty  for  breaking  bulk  before  due  delivery 
of  all  the  letters  at  the  post-office,  is  a  fine  not  exceeding  $100.  All 
letters  or  packages  suspected  of  containing  articles  liable  to  duty, 
whether  directed  to  the  owner,  consignee,  or  other  persons,  must  be 
deposited  at  the  custom-house  in  charge  of  an  officer  of  the  customs, 
and  notice  given  to  the  persons  to  whom  they  are  directed,  to  cause 
the  same  to  be  opened  in  the  presence  of  such  officer  as  the  collector 
may  designate  for  that  purpose. 

Any  vessel  which  having  arrived  from  any  foreign  port  within  the 
limits  of  any  collection  district  of  tho  United  States  shall  depart  or 
attempt  to  depart  from  the  same,  before  making  report  or  entry,  unless 
to  proceed  to  some  more  interior  district  to  which  she  may  be  bound 
(i.  e.  to  some  district  within  the  inlets  of  the  adjacent  country,  as 
Albany  from  ISTew  York,  or  St.  Louis  from  New  Orleans),  shall  be 
arrested  and  brought  back  by  the  direction  of  the  custom-house  officers, 
and  the  master  or  other  person  in  charge  shall  forfeit  and  pay  the  sum 
of  $400.  This  seizure  and  fine  shall  not,  however,  be  enforced  if  it  is 
proven  that  such  departure  or  attempt  to  depart  was  occasioned  by 
stress  of  weather,  pursuit,  or  search  of  enemies,  or  other  necessity. 

Within  twenty-four  hours  after  the  arrival  of  any  vessel  from  a 
foreign  port  within  any  port  of  the  United  States  where  an  officer  of 
tne  customs  resides,  the  master  must  make  report  of  hia  arrival  to  such 
officer,  and  within  forty-eight  hours  after  arrival  he  must  make  a 
further  report,  under  oath,  of  all  the  particulars  required  to  be  inserted 
in  the  manifest. 

"Where  any  vessel  has  distilled  spirits,  wines,  or  teas  on  board,  the 
master  of  the  vessel  must  within  forty-eight  hours  after  his  arrival  at 
a  United  States  port,  report  in  writing,  to  the  surveyor,  the  foreign 
port  or  place  from  which  he  last  sailed,  the  name,  burden,  denomina 
tion  of  the  vessel,  and  his  own  name,  to  what  nation  the  vessel  belonggf 
and  the  quantity  and  kinds  of  spirits,  wines,  and  teas  on  board,  th« 
number  of  packages  containing  the  same,  with  their  marks  and  num- 
bers, and  the  quality  and  kinds  of  spirits,  wines,  and  teas,  on  board, 
fts  sea-stores,  on  pain  of  forfeiting  the  sum  of  $500,  and  the  spirits,  etc. 
•o  omitted.  The  master  or  other  person  in  command,  who  neglects  or 


CUSTOM-HOUSE   HEGUUtTIONS.  417 

omits  to  make  said  reports  or  either  of  them,  and  the  declaration  or 
declarations,  or  to  take  the  oath  above  required,  forfeits  and  must  pay 
for  each  offence  the  sum  of  $1000. 

"War  vessels  and  vessels  employed  only  as  mail  packets,  and  not  for 
the  transportation  of  merchandise  in  the  way  of  trade,  are  not  required 
to  report  and  enter  on  their  arrival  in  the  United  States. 

Vessels  having  a  cargo  which  shall  appear  from  the  manifest  to  be 
destined  for  any  foreign  port  or  place,  coming  voluntarily  into  a 
United  States  port,  are  not  required  to  pay  or  secure  the  duties  upon 
such  of  the  merchandise  as  shall  be  so  reexported  in  the  same  vessel ; 
but  the  master  or  person  in  charge  of  the  vessel  is  required  first  to 
give  bond  to  the  satisfaction  of  the  collector,  with  one  or  more  sureties 
ir  a  sum  equal  to  the  estimated  amount  of  the  duties  on  the  merchan- 
dise on  board,  that  no  part  of  the  cargo  shall  be  landed  within  the 
United  States  unless  the  entry  shall  first  be  made  and  the  duties  paid 
or  secured  according  to  law. 

Where  merchandise  brought  from  a  foreign  port  is  destined  for 
several  different  ports  or  collection  districts  (as  for  instance  on  the 
Mississippi  river),  the  vessel  may  proceed  from  district  to  district,  in 
order  to  the  landing  or  delivery  thereof,  the  duties  on  such  goods  only 
as  are  landed  or  delivered  in  any  district  to  be  paid  or  secured  in  such 
district ;  but  the  master  of  the  vessel  must  procure  from  the  collector 
of  each  district  a  copy  of  the  report  and  manifest,  certified  by  said 
collector,  to  which  must  be  annexed  a  certificate  of  the  quantity  and 
particulars  or  the  goods  landed  within  his  district,  or  of  the  goods 
remaining  on  board  upon  which  duties  are  to  be  paid  or  secured,  in 
some  other  district,  and  failing  to  do  this  or  to  exhibit  it  to  the  collec- 
tor of  the  district  to  which  he  may  next  proceed  within  forty-eight 
hours  after  his  arrival,  he  will  incur  a  penalty  of  $500. 

"Where  a  vessel  from  a  foreign  port  is  compelled  by  stress  of  weather 
or  other  necessity  to  put  into  a  port  or  place  other  than  that  of  her 
destination,  and  is  compelled  to  unlade  partly  or  wholly  in  consequence 
of  injury  of  the  vessel  or  the  perishable  character  of  her  cargo,  or  any 
other  necessity,  the  master  or  other  person  in  charge,  together  with 
the  mate,  must  make  protest  in  the  usual  form  upon  oath,  before  the 
collector  of  the  district  or  other  person  duly  authorized,  setting  forth 
the  causes  or  circumstances  of  such  necessity,  within  twenty-four  hours 
after  his  arrival,  or  if  not  made  before  such  officer  then  to  be  produced 
to  him  and  a  copy  lodged  with  him  subsequently ;  and  thereupon  a 
survey  being  made  at  the  collector's  order  by  port  wardens  or  othe* 


418  CUSTOM-HOUSE   REGULATIONS. 

officers  accustomed  to  ascertain  the  condition  of  vessels  arriving  in 
distress,  or  if  there  are  no  such  officers,  by  the  certificate  of  two 
reputable  merchants,  to  be  named  by  the  collector  /or  that  purpose,  the 
collector  or  naval  officer  will  grant  a  permit  to  unlade  so  much  of  the 
cargo  as  may  be  necessary,  and  appoint  an  inspector  to  oversee  the 
unlading  and  keep  an  account  thereof,  to  be  compared  with  the  report 
of  the  master  of  the  vessel ;  and  the  merchandise  so  unladen  will  be 
stored  under  the  direction  of  the  collector.  Such  portion  of  the  cargo 
as  may  be  of  a  perishable  nature,  or  as  may  be  necessary  to  defray  the 
expenses  of  the  vessel  and  her  unlading,  may  be  entered  and  the  duties 
paid  thereon  by  permission  of  the  collector  or  naval  officer,  when 
there  is  one,  and  the  remainder  be  reladen  on  board  the  vessel  subject 
only  to  the  charges  for  storage  and  safe  keeping  and  the  fees  of  the 
officers,  as  in  other  casen. 

3.  Clearance  of  Vessels  for  Foreign  Ports. — Before  a  clearance  can 
be  granted  to  a  vessel  bound  for  a  foreign  port,  the  owners,  shippers, 
or  consignees  of  the  cargo  on  board  thereof,  must  deliver  to  the  collec- 
tor, under  oath,  manifests  of  the  parts  thereof  shipped  by  them  respec- 
tively, and  that  the  ^  alues  of  the  articles  are  truly  stated  according  to 
their  actual  cost.  The  manifest  must  also  specify  the  kind  and  quali- 
ties of  the  articles,  and  the  value  of  the  total  quantity  of  each  article. 
The  master  of  such  vessel  before  obtaining  a  clearance  must  also 
deliver  to  the  collector  under  oath  a  manifest  of  all  the  cargo,  and  the 
value  thereof,  and  must  state  on  oath  the  foreign  place  for  which  the 
cargo  is  destined.  He  must  also  deliver  to  the  collector  a  list  contain- 
ing the  names,  places  of  birth,  and  residence,  and  a  description  of  the 
persons  who  compose  his  ship's  company,  to  which  list  the  oath  or 
affirmation  of  the  captain  shall  be  annexed ;  and  the  collector  must 
deliver  to  him  a  fair  and  certified  copy  of  said  list  in  one  uniform 
Handwriting  without  erasure  or  interlineation.  He  must  also  enter 
into  bond  with  sufficient  security,  in  the  sum  of  $400,  that  he  will 
exhibit  the  certified  copy  of  his  list  to  the  first  boarding  officer  at  the 
first  port  of  the  United  States  at  which  he  shall  arrive  on  his  return 
thereto,  and  then  and  there  produce  or  account  for  the  persons  named 
therein,  to  the  boarding  officer. 

The  owners  of  a  vessel  bound  on  a  foreign  voyage,  must  obtain, 
before  a  clearance  can  be  granted,  from  the  collector  of  the  district,  a 
true  and  certified  copy  of  the  shipping-articles,  containing  the  narnea 
of  the  crew,  written  in  a  uniform  hand  without  erasures  or  interline* 
ttona. 


CUSTOM-HOUSE   REGULATIONS.  419 

The  master  of  a  vessel  bound  to  a  foreign  port,  which  depaits  witl*. 
out  the  delivery  of  its  manifest  to  the  collector  and  without  obtaining 
from  him  a  clearance,  is  subject  to  a  fine  of  $500.  Clearance  of  a 
vessel,  having  on  board  goods  liable  to  inspection  under  the  laws  of 
the  State,  will  not  be  granted  till  the  master  or  other  proper  person 
produces  the  certificate  of  inspection  and  receipts  for  the  payment  of 
legal  fees  accruing  on  the  vessel. 

4.  Regulations  of  the  Coasting  Trade  and  Fisheries. — The  Acts  of  Con- 
gress of  March  2d,  1819,  and  May  7th,  1822,  relative  to  the  coasting 
trade,  divide  the  coast  of  the  United  States  into  three  great  coasting 
districts,  viz. :  1.  Between  the  eastern  limits  of  the  United  States  and 
the  southern  limits  of  Georgia ;  2.  Between  the  southern  limits  of 
Georgia  and  the  river  Perdido ;  3d.  Between  the  river  Perdido  and 
the  western  limits  of  the  United  States. 

Vessels  licensed  for  the  coasting  trade  bound  from  one  collection 
district  to  another  in  the  same  great  coasting  district  or  between  a 
State  in  one  and  an  adjoining  State  in  another  great  district,  having 
on  board  goods,  wares,  or  merchandise,  of  the  growth  or  product  of 
the  United  States  only  (except  distilled  spirits],  or  distilled  spirits  not 
exceeding  500  gallons,  or  wine  in  casks  not  exceeding  250  gallons,  or 
Trine  in  bottles  not  exceeding  100  dozens,  or  sugar  in  casks  or  boxes 
not  exceeding  3,000  Ibs.,  or  coffee  in  casks  or  bags  not  exceeding  1,000 
Ibs.,  or  tea  in  chests  or  boxes  not  exceeding  500  Ibs.,  or  foreign  mer- 
chandise, in  packages,  as  imported,  not  exceeding  in  vame  $400,  or 
foreign  merchandise  of  any  kind,  including  any  or  all  of  the  articles 
before  mentioned,  the  aggregate  value  of  which  does  not  exceed  $800, 
the  duties  upon  which  have  been  paid  or  secured,  may  proceed  from 
one  place  to  another  within  the  limits  aforesaid,  without  delivering  a 
manifest  of  their  cargo,  or  obtaining  a  permit  to  depart  from  any  officer 
of  the  customs.  The  master  of  such  vessel  is  also  exempted  from 
making  report  or  entry  on  his  arrival  at  any  port  or  place  within  the 
limits  specified ;  but  he  may  be  required  by  any  officer  of  the  customs 
to  exhibit  the  manifest  signed  by  himself,  and  to  give  true  information 
whence  the  vessel  last  sailed,  and  how  long  she  has  been  in  port. 

The  master  of  such  vessel  bound  as  above  specified,  and  carrying  a 
larger  amount  of  foreign  merchandise,  or  of  distilled  spirits,  than  tho 
quantities  or  value  above  mentioned,  must  previous  to  the  departure  of 
the  vessel,  make  out  and  subscribe  duplicate  manifests  of  the  whole  cargo 
on  board ;  and  if  there  be  a  collector  of  the  customs  or  surveyor 
wkhm  five  miles  of  the  port  where  the  vessel  may  be  he  must  make 


420  CUSTOM-HOUSE   REGULATIONS. 

oath  to  the  truth  of  such  manifest,  and  that  the  duties  on  the  ioreign 
articles  haye  been  paid  or  secured,  according  to  his  best  knowledge 
and  belief ;  and  on  the  arrival  of  the  vessel  at  its  port  of  destination, 
he  must  within  twenty-four  hours,  if  there  is  a  collector  or  surveyor 
within  five  miles  of  the  port,  and  within  forty-eight  hours  if  the  dis- 
tance is  greater,  and  in  either  event  before  unlading  any  part  of  hia 
cargo,  exhibit  and  deliver  to  the  collector  or  surveyor  of  the  district, 
\  the  certified  manifest  above  specified,  or  if  he  has  no  certified  manifest, 
.  then  the  duplicate  manifest  of  his  cargo,  and  in  either  case  must  make 
oath  to  its  truth.  On  receiving  this  manifest,  the  collector  or  surveyor 
will  grant  a  permit  for  unlading  a  part  or  the  whole  of  the  cargo  as 
may  be  required ;  but  in  case  a  part  of  the  cargo  only  is  to  be  dis- 
charged, the  collector  or  surveyor  will  endorse  the  articles  so  discharged 
on  the  manifest,  and  grant  a  permit  to  the  master  to  proceed  with  the 
vessel  to  the  place  of  her  further  destination. 

If  a  master  of  a  vessel  employed  in  transporting  goods  coastwise, 
puts  into  a  port  other  than  that  to  which  he  is  bound,  he  must  within 
twenty-four  hours  after  his  arrival  if  he  continues  so  long,  report  to 
the  principal  officer  of  the  port  his  arrival,  the  place  whence  he  came, 
and  where  he  is  bound,  with  an  account  of  the  lading  on  board  his 
vessel. 

"When  the  certified  manifest  of  the  cargo  of  a  coasting  vessel  has 
been  lost  or  mislaid,  the  master  of  the  vessel  will  be  required  to  give 
bond  for  the  payment  within  six  months  of  the  duties  on  the  articles 
of  foreign  growth,  or  distilled  spirits,  as  though  said  articles  had  been 
imported  from  a  foreign  country;  but  this  bond  may  be  canceled 
within  six  months  by  his  producing  a  certificate  from  the  collector  or 
eurveyor  of  the  port  from  which  he  sailed,  that  euch  articles  were 
legally  exported  in  such  vessel  from  said  district. 

Merchandise  taken  in  at  one  port  in  the  United  States  to  be  conveyed 
to  another  port  within  the  same,  under  the  provisions  of  the  ware- 
housing laws,  as  well  as  foreign  duty-paid  goods,  are  not  to  be  held 
subject  to  duty  by  reason  of  the  vessel  having  touched  at  a  foreign 
port  during  the  voyage ;  but  the  bond  for  the  return  of  seamen  and 
the  crew-list  are  required,  the  same  as  in  vessels  bound  on  a  foreign 
voyage. 

All  boats,  sloops,  or  other  vessels  of  the  United  States  navigating 
the  waters  on  the  northern,  north-eastern,  and  north-western  frontiers 
of  the  United  States  are  required  to  be  enrolled  and  licensed,  in  such 
form  as  shall  be  prescribed  by  the  Secretary  of  the  Treasury. 


CUSTOM-HOTJSE   REGULATIONS.  421 

5.  Synopsis   of  Laws  regulating  the  Coasting   Trade.  —  Vessels  ol 
twenty  tons  and  upward  must  be  enrolled  and  licensed ;  if  leas  than 
twenty  tons,  licensed  only. 

The  license,  in  every  case,  is  granted  for  one  year,  and  must  ba 
renewed  within  three  days  of  its  expiration ;  or  if  it  expire  while  tho 
yessel  is  absent,  within  three  days  after  its  arrival.  The  penalty  for 
neglect  is  $50. 

Captains  are  required  to  exhibit  their  papers  when  demanded  by  an 
officer  of  the  revenue.  The  penalty  for  refusing  is  $100. 

Vessels  engaged  in  the  coasting  trade,  without  papers,  are  subjected 
to  foreign  tonnage  duty  ($1  per  ton),  if  laden  with  American  produce 
or  manufactures ;  and  to  forfeiture  if  laden  with  foreign  merchandise. 

The  name  of  the  vessel  must  be  painted  on  her  stern,  with  white 
letters  three  inches  long,  on  a  black  ground,  under  a  penalty  of  $20. 

Every  change  of  master  must  be  reported  to  the  collector  of  the 
port,  and  endorsed  on  the  license,  under  a  penalty  of  $10  to  the  new 
master. 

Vessels  laden  with  foreign  merchandise,  or  distilled  spirits,  must 
have  duplicate  manifests,  and  procure  a  permit  before  unlading ;  pen- 
alty, $100.  Also,  on  arrival  from  any  port  south  of  Georgia,  whether 
laden  with  foreign  or  American  produce. 

A  -**8sel  trading  with  any  district,  or  between  any  two  or  more  dis- 
trict north  of  the  southern  limits  of  Georgia,  if  laden  wholly  with 
American  produce  or  manufactures,  except  distilled  spirits,  is  not  re- 
quired to  enter  or  clear ;  but  must  be  provided  with  a  manifest,  under 
a  penalty  of  $20 ;  or  if  any  part  of  her  cargo  be  foreign  produce,  to  a 
penalty  of  $40.  Any  refusal  of  a  master  to  answer  the  inquiries  of  a 
revenue  officer  subjects  him  to  a  penalty  of  $100. 

The  enrollment  and  license  expire  whenever  there  is  any  change  of 
owner  or  alteration  in  the  rig  or  size  j  and  it  must  be  reported  to  the 
collector  of  the  port,  under  the  penalty  of  the  forfeiture  of  the  vessel. 

Boats  and  lighters  not  being  masted,  or  if  masted,  not  decked, 
exclusively  employed  in  the  harbor,  are  not  required  to  comply  with 
the  foregoing  regulations. 

6.  Regulatiom  in  regard  to  Tonnage  Duties  on  Foreign  Veseels. — Ves- 
sels belonging  to  the  following  nations  are  admitted,  under  the  provis- 
ions of  law,  treaties  of  commerce  and  navigation,  or  conventions,  into 
the  ports  of  the  United  States,  on  the  same  terms  as  vessels  of  the 
United  States,  with  the  produce  or  manufactures  of  their  own  or  any 
other  country : 


422  CUSTOM-HOUSE   REGULATIONS. 

Argentine  Confederation,  Austria,  Belgium,  Brazil,  Chili,  Denmark. 
Ecuador,  Great  Britain  and  her  Possessions,  Greece,  New  Grenada* 
Guatemala,  Hanover,  Dukedom  of  Oldenburg,  Dukedom  of  Mecklen- 
burg, Schwerin,  Hanseatic  Towns,  Norway,  Republic  of  Peru,  Prussia, 
Russia,  San  Salvador,  Sardinia  and  Genoa,  Two  Sicilies,  Sweden,  Tus- 
cany, Venezuela,  Bolivar,  Costa  Rica,  Mexico,  Muscat,  Ottoman  Empire, 
Uraguay,  and  Oriental  Republic. 

Vessels  belonging  to  the  following  nations  are  admitted  into  ports 
of  the  United  States  on  the  same  terms  as  vessels  of  the  United  States, 
only  when  laden  with  the  produce  of,  or  manufactures  of  the  country 
to  which  the  vessel  belongs: 

France,  tonnage  duty,  94  cents  per  ton  in  both  countries ;  consuls  to 
certify  to  the  origin  of  the  cargo. 

French  vessels  from  Cayenne,  from  St.  Pierre  and  Miquelon,  but, 
o  French  vessel  bringing  fish  from  the  banks  of  the  British  Colony  of 
Newfoundland  is  not  exempt  from  tonnage  duties,  or  a  French  vesset 
arriving  in  the  United  States  with  «  cargo  of  fish  from  the  islands  Let 
Petites  Oies,  is  chargeable  with  tonnage  duties.  Hawaiian  Islands, 
Pontifical  States,  Portugal  and  Colonies,  and  Spanish  vessels  from  the 
Canary  Islands. 

Vessels  belonging  to  the  following  nations,  having  no  reciprocal 
treaties  with  the  United  States,  are  subject  to  tonnage  and  discriminat- 
ing duty  on  their  cargoes  as  foreign  vessels,  whether  laden  with  the 
produce  or  manufactures  of  their  own  or  any  other  country : 

Spain. — Vessels  arriving  at  ports  of  the  United  States  from  ports 
of  Spain,  or  her  adjacent  islands,  are  to  pay,  besides  the  additional  or 
discriminating  duty  of  ten  per  cent  on  the  cargo,  imposed  by  a  section 
of  the  tariff  act  of  1842,  a  tonnage  duty  of  five  cents  per  ton. 

Spanish  vessels  coming  from  Cuba  or -Porto  Rico  are  subject  to 
tonnage  duties  (from  Cuba,  $1.50  per  ton,  and  from  Porto  Rica,  87-fc 
sents  per  ton),  and  ten  per  cent  additional  on  their  cargoes ;  and  also 
discriminating  and  clearance  duties  equal  to  those  which  would  be 
exacted  from  a  United  States  vessel  in  the  ports  of  those  islands,  but 
vessels  from  those  islands  are  exempted  from  tonnage  duties  when 
they  arrive  in  United  States  ports,  either  in  ballast  or  laden  with 
molasses  and  fresh  fruits  from  those"  islands  as  surplus  stores. 

Vessels  belonging  to  the  following  nations  pay  the  tonnage  duties 
specified  in  the  case  of  each : 

Borneo. — Duty  not  exceeding  one  dollar  per  registered  ton,  in  lieu 
of  all  other  charges  or  duties  whatsoever,  and  United  States  vessels 
pay  Ihe  same  dutieY 


CUSTOM-HOUSE   REGULATIONS.  423 

China. — United  States  vessels  entering  either  of  the  five  ports  of 
Kwangchin,  Amoy,  Fuchow,  Ningpo,  and  Shanghai  pay  a  tonnage 
duty  of  five  mace  (72£  cents)  per  ton,  and  Chinese  vessels  will  be 
admitted  to  United  States  ports  on  payment  of  the  same  duty. 

A  Dominican  Vessel,  that  is,  belonging  to  that  portion  of  the 
island  of  Hayti,  known  as  the  Dominican  Republic,  is  liable  to  a  ton- 
nage duty  of  one  dollar  per  ton  and  no  other  charges,  and  United 
States  vessels  to  Dominican  ports  pay  the  same  duty.  Haytien  vessels 
pay  the  same  duty,  and  the  Haytien  Government  collects  the  same 
from  United  States  vessels. 

Japan. — United  States  vessels  are  admitted  into  the  Japanese  ports 
of  Simoda  and  Hakodadi,  and  can  be  supplied  with  wood,  water,  coal, 
provisions,  and  other  necessary  articles,  but  only  through  officers  of 
the  Japanese  Government,  and  at  such  prices  as  that  Government  may 
affix.  There  are  no  tonnage  duties.  Recently,  the  Japanese  Govern- 
ment, have  forbidden  any  foreigners  entering  their  ports. 

Loo  Choo. — The  Royal  Government  of  which  is  Japanese,  and  be- 
longs to  the  Prince  of  Sat-suma,  has  similar  regulations,  except  that 
the  price  of  wood,  at  $2.58  per  thousand  cutlies,  and  that  of  water,  at 
43  cents  for  six  barrels  full,  each  of  thirty  gallons. 

Siam. — American  vessels  pay  only  a  measurement  duty  of  1700 
ticnls  for  every  6^  feet  in  breadth,  measured  from  side  to  side  of  the 
vessel  amid-ships,  and  this  duty  is  not  levied  when  a  vessel  comes  only 
for  refitting,  refreshments,  or  to  inquire  the  state  of  the  market. 

The  Swiss  Confederation  stands  on  the  footing  of  the  most  favored 
nation,  and  the  manufactures  or  products  of  that  Confederation  coming 
to  American  ports  in  French  or  American  vessels  are  subject  to  no 
discriminating  duty. 

II. — ENTRY  OF  GOODS  IMPORTED  FROM  FOREIGN  COUNTRIES. 

Who  may  enter  goods.— All  goods  must  be  entered  in  writing,  with 
tha  collector  of  the  district  for  which  such  goods  are  designed,  by  tho 
owner  or  owners,  consignee  or  consignees,  or  in  case  of  his,  her,  or 
their  absence  or  sickness,  by  his,  her,  or  their  known  agent  or  factor, 
and  such  agent  or  factor  must  before  making  entry  lodge  with  the  col- 
lector a  power  of  attorney  duly  authenticated,  from  the  owner  or  own- 
ers, consignee  or  consignees,  authorizing  him  to  act  in  his,  her,  or 
their  behalf,  and  such  agent  must  also  give  bond  for  the  due  production 
of  the  owner's  oath  to  the  invoices. 

Goods  may  bo  entered  cither  for  consumption  or  for  warehousing. 


424 


CUSTOM-HOUSE   REGULATIONS. 


Entry  of  goods  for  consumption.-^^  following  is  the  form  of  entry 
for  this  purpose : 


DATE. 

MARKS 
AND 
KUM- 

BERS. 

DESCRIP- 
TION OF 
GOODS. 

QUALITY. 

PER  CENT.  | 

PER  CENT.  | 

PER  CENT. 

PER  CENT.  | 

TOTAL. 

The  different  columns  headed  per  cent  are  intended  for  the  ad  valor- 
urn  duties  which  vary  on  different  articles  of  merchandise,  even  in  • 
single  invoice,  and  as  each  column  is  figured  by  itself  there  must  be  ai 
many  columns  as  there  are  rates  per  cent  of  duty.  The  entry  being 
made  out  in  this  form,  stating  in  full  all  the  particulars  required,  mus<fc 
be  presented  together  with  the  invoice  and  bill  of  lading  at  the  collec- 
tor's office,  to  the  clerk  or  clerks .  charged  with  this  duty,  who  will 
examine  the  entry  by  the  invoices  and  bills  of  lading,  and  if  found 
correct,  will,  on  the  entry,  estimate  the  duties  on  the  invoice  value  and 
quantity,  certify  the  invoice  and  grant  a  permit  in  due  form  for  the 
delivery.  The  entry  and  accompanying  papers  will  then  be  taken  to 
the  naval  officer,  who  will  make  a  like  examination,  and  if  found  cor- 
rect, will  check  the  entry  invoice  and  permit.  The  papers  must  then 
be  taken  to  a  deputy  collector,  who  will  administer  the  oath,  and  desig- 
nate the  package  or  packages  (one  in  every  ten,  and  at  least  one  from 
every  invoice),  to  be  sent  to  the  appraisers'  store  for  examination, 
marking  the  same  on  the  entry  invoice  and  permit.  Should  the  importer 
desire  to  avail  himself  of  the  privilege  given  by  the  Act  of  May  28th, 
18  SO,  and  obtain  possession  of  his  goods  by  giving  the  bond  required 
by  the  fourth  section  of  that  act  (giving  a  bond  in  twice  the  value  of 
the  goods  imported,  to  produce  the  goods  for  examination,  in  case  the 
contents  of  the  package  sent  to  the  appraisers'  stores  do  not  correspond 
with  the  invoice),  he  will  then  give  such  bond,  pay  the  duties  as  esti- 
mated and  send  his  permit  to  the  vessel  in  which  they  were  imported. 
To  the  entry  must  be  attached  the  proper  inland  revenne  stamp,  whieh 
varies  with  the  value  of  the  invoice,  being  25  cents  for  an  invoice  of 
lets  than  $100 ;  50  cents  for  an  invoice  of  $100  and  less  than  $500; 
wxd  $1  for  invoices  over  $500. 


CUSTOM-HOUSE   REGULATIONS.  425 

By  the  Act  of  March  3d,  1863,  it  was  enacted  that  after  the  1st  of 
July,  1863,  in  all  countries  this  side  of  the  Cape  of  Good  Hope,  where 
American  consuls,  vice-consuls,  or  commercial  agents  were  residents, 
all  invoices  of  goods,  wares,  and  merchandise  imported  into  the 
United  States  should  be  made  in  triplicate  and  signed  by  the  person  or 
persons  owning  or  shipping  said  goods,  wares,  or  merchandise,  if  the 
same  have  actually  been  purchased,  or  by  the  manufacturer  or  owner 
thereof,  if  the  same  have  been  procured  otherwise  than  by  purchase, 
for  by  the  authorized  agent  of  such  purchaser,  manufacturer,  or  owner, 
and  these  three  invoices  or  copies  of  the  same  invoice  before  the  ship- 
ment of  the  goods  must  be  produced  to  the  consul,  vice-consul,  or 
commercial  agent  of  the  United  States  nearest  the  place  of  shipment, 
for  the  use  of  the  United  States,  and  there  must  be  endorsed  thereon 
when  so  produced,  a  declaration  signed  by  the  party  shipping  the 
goods,  setting  forth  that  the  invoice  was  in  all  respects  true  ;  that  it 
contains  (if  the  goods,  wares,  or  merchandise  are  subject  to  duty)  a 
true  and  full  statement  of  the  tune  when  and  place  where,  the  same 
were  purchased  and  the  actual  cost  thereof,  and  of  all  charges  thereon ; 
and  that  no  discounts,  bounties,  or  drawbacks  are  contained  in  said 
invoice,  but  such  as  have  actually  been  allowed  thereon,  and  that  the 
currency  in  which  said  invoice  is  made  out  is  the  currency  which  was 
actually  paid  for  the  goods,  etc.,  by  the  purchaser.  If  the  goods  were 
obtained  in  any  other  manner  than  by  purchase,  their  actual  market 
value  at  the  time  and  place  where  they  were  produced  or  manufac- 
tured, and  the  quantity  of  the  goods  if  subject  to  specific  duty  must 
be  stated,  and  it  must  be  declared  that  no  different  invoice  of  these 
goods  has  been  or  will  be  furnished  to  any  one.  The  party  shipping 
the  goods  must  also  inform  the  consul,  vice-consul,  or  commercial 
agent  at  what  port  of  the  United  States  it  is  intended  to  make  entry 
of  the  goods  ;  and  the  consul  or  other  officer  must  thereupon  endorse 
upon  each  of  these  triplicates  a  certificate  under  his  hand  and  official 
seal,  stating  that  said  invoice  has  been  produced  to  him  with  the  date, 
of  its  production,  the  name  of  the  person  by  whom  it  was  produced, 
and  the  port  in  the  United  States  at  which  it  was  the  declared  inten- 
tion of  the  shipper  to  make  entry  of  the  goods.  He  must  then  deliver 
one  copy  to  the  shipper  to  forward  as  the  invoice  to  the  consignee  01 
owner  of  the  goods ;  a  second  copy  is  put  on  file  in  the  consul's  office 
and  a  third  sent  by  him  by  the  first  opportunity  to  the  collector  ott 
the  port  for  which  the  goods  are  destined.  All  goods  from  ports  tbii 
eide  the  Cape  of  Good  Hope  must  be  thus  invoiced  in  triplicate  or 


420 


CUSTOM-HOUSE   KEGULATIONS. 


they  cannot  be  admitted  to  entry  after  July  1st,  1863,  and  all  goods 
from  ports  beyond  the  Cape  of  Good  Hope  must  be  thus  invoiced  in 
triplicate  or  they  will  not  be  admitted  to  entry  after  January  1st,  1864; 
and  the  duties  on  the  goods  shall  not  be  finally  liquidated  until  the 
collector  of  the  port  shall  have  received  his  copy  of  the  invoice  from 
the  consul,  and  compared  it  with  the  invoice  presented  by  the  owner 
or  consignee,  except  when  such  invoice  shall  be  delayed  beyond  eigh 
teen  minutes,  but  the  importer  may,  if  he  chooses,  withdraw  the  goods 
by  giving  his  bond  for  twice  their  value  to  produce  them  on  the  receipt 
of  said  invoice,  if  it  differs  from  that  to  which  he  has  sworn. 

The  dutiable  value  of  imports  is  defined  as  being  the  actual  cost  or 
market  value,  together  with  all  costs  and  charges  incurred  in  the 
country  whence  the  goods  are  shipped  for  packing,  export  duties,  con- 
sular certificates,  etc.,  except  insurance  for  the  voyage,  and  including 
in  every  case  a  charge  for  commissions  at  the  usual  rates. 

Where  goods  are  entered  for  immediate  consumption,  and  there  is 
any  ground  of  doubt  in  regard  to  the  amount  of  duty  to  be  charged, 
in  consequence  of  there  being  specific  duties  on  weight  or  measure,  a 
deposit  is  required  exceeding  by  five  or  ten  per  cent  the  highest  duty, 
and  the  excess,  after  the  entry  has  passed  through  the  several  depart- 
ments, or,  in  some  cases,  has  been  submitted  to  the  Treasury  Depart- 
ment at  Washington,  is  refunded  to  the  importer. 

Goods  Entered  for  Warehousing. — The  following  is  the  form  of  entry 
for  goods  for  warehousing.  It  must  be  verified  by  oath  or  affirmation 
as  in  the  case  of  an  entry  for  merchandise  for  immediate  payment  of 
duties. 

Custom-house 

Port  of , ,  186—. 

Entry  of  merchandise,  imported  on  tJie day  of by ,  in  th» 

— — , master,  from . 


MARKS 
AND 
NUM- 

BEE8. 

PACKAGES 
AND 

CONTENTS. 

QUALITY. 

j  PER  CENT.  || 

1 
1 

£ 

g 

1 

1 

A 

1 
I 

TOTAL. 

DUTIABLE  VALUE 
OF  EACH  PACK- 
AGE. 

It  often  occurs  that  the  importer  on  the  arrival  of  Ms  goods  may 
aot  wish  to  put  them  on  the  market  immediately,  either  from  a  glut  in 
the  market,  the  prie<5  of  exchange,  or  some  other  causa  The  Govern 


CUSTOM-HOUSE   REGULATIONS.  427 

meat  provides  for  this  by  storing  the  goods  for  him,  subject  to  storage 
charges,  etc.,  and  on  receiving-  from  him  proper  security  for  the  pay 
ment  of  duties,  allows  the  goods  to  remain  in  warehouse  for  a  period 
not  exceeding  a  year,*  the  duties  not  to  be  paid  until  the  goods  are 
withdrawn.  Merchandise  is  also  frequently  imported  from  one  country 
for  exportation  to  another,  and  being  sent  to  the  warehouse  can  be  ex- 
ported without  the  payment  of  full  duties,  the  drawback  on  exportation 
being  deducted  from  the  duty. 

In  the  case  of  warehouse  goods,  too,  the  exact  amount  of  the  dutiea 
is  ascertained,  examinations  being  made,  and  the  invoice  being  received 
from  the  consul  at  the  port  whence  the  goods  were  shipped.  The 
owner  of  the  goods  has  the  right  of  designating  in  which  of  the  gov- 
ernment warehouses  he  prefers  to  have  his  goods  deposited. 

The  order  of  entry  for  warehouse  is  as  follows  :  The  entry  being 
offered  in  the  form  given  above,  and  passing  through  the  same  steps  as 
In  the  entry  for  immediate  consumption,  except  that  no  permit  is  given 
and  no  duties  paid,  the  owner  or  consignee  gives  his  bond  in  the  gov- 
ernment Form  105,  for  a  sum  fully  sufficient  to  cover  the  duties,  with 
two  sureties.  The  collector  or  deputy  then  designates  the  packages 
for.  examination,  which  are  sent  to  the  appraisers'  stores,  and  the 
remainder  of  the  invoice  to  the  bonded  warehouse  selected  by  the  im- 
porter, and  when  the  packages  at  the  appraisers'  store  have  been  exam, 
ined  they  are  also  sent,  at  the  expense  of  the  importer  to  the  bonded 
warehouse.  "When  the  importer  wishes  to  withdraw  his  goods,  for 
consumption,  he  must  present  an  entry  in  duplicate,  which  must  bo  the 
game  in  all  particulars  with  the  original  entry  for  warehousing.  This 
entry  having  been  examined  and  compared  with  the  entry  on  record, 
is  entered  on  the  books,  the  warehouse  bond  number  endorsed  thereon, 
and  the  amount  of  duties  payable  entered  upon  it.  It  is  then  taken 
from  the  collector's  office  to  the  naval  office  for  checking  and  verifica- 
tion. The  duties  having  been  paid,  a  permit  is  issued  to  the  importer 
for  the  delivery  of  the  goods.  This  being  done  the  importer  is  entitled 
to  have  his  bond  canceled,  if  the  whole  of  his  invoice  is  withdrawn. 

Goods  may  also  be  withdrawn  either  for  reexportation  or  transporta- 
tion in  bond  to  other  ports  to  be  rewarehoused  there,  or  entered  for 
consumption.  The  processes  for  these  purposes  are  of  interest  to 
but  few,  and  require  usually  for  their  management  the  intervention  of 
a  custom-house  broker.  Indeed,  in  all  custom-house  transactions  of 
considerable  amount,  the  goods  will  be  obtained  more  speedily  and 
with  less  trouble,  by  tie  employment  of  a  reputable  custom  house 
broker. 


428  PENSIONS. 


PENSIONS,    BOUNTIES,    AND 
ARREARS    OF    PAY. 

It  is  the  object  of  this  work  to  enable  the  soldier,  as  well  at 
men  in  all  walks  of  life,  to  perform  for  themselves  those  acts, 
and  to  prepare  those  forms  for  obtaining  pay,  pensions,  etc.,  foi 
which  the  legal  fraternity  are  in  the  habit  of  charging  such  ex- 
orbitant fees.  Therefore  we  give  in  the  following  pages,  the 
necessary  instructions  and  forms  to  enable  any  man  or  woman 
of  ordinary  intelligence  and  common  sense  to  procure  their  own 
pensions,  bounties,  or  back-pay,  without  a  lawyer's  or  claim 
agent's  intervention. 


L    PEHSIONS. 

Pensions  are  of  three  kinds :  Invalid  Pensions,  grants  of 
money  to  persons  who  become  disabled  in  the  service,  either  by 
wounds  or  other  injuries  received,  or  by  sickness  contracted  in 
the  line  of  duty,  whereby  the  sufferer  is  rendered  incapable,  in 
whole  or  part,  of  procuring  for  himself  and  those  dependent  upon 
him  a  livelihood;  Gratuitous  Pensions,  granted  usually  at  the 
close  of  a  war  or  term  of  service,  as  a  reward  for  eminent  ser- 
vices rendered,  or  as  evidence  of  a  nation's  gratitude  to  its  de- 
fenders and  preservers.  In  this  class  of  pensions  belongs  the 
half-pay,  granted  to  the  widows  and  orphans  of  those  who  die 
of  wounds  or  sickness  incurred  in  the  service;  and  Land  Dona- 
tions, which  are  sometimes  promised  at  or  before  the  time  of  en- 
listment, as  an  inducement  to  enter  the  service,  and  in  other 
cases  are  granted  as  gratuities  after  the  close  of  a  war,  to  sur- 
viving officers,  soldiers,  seanion,  &c.,  and  to  the  widows  and 
orphans  of  such  as  have  died.  These  distinctions  should  be  kept 
m  view  by  all  who  have  occasion  to  make  applications  for  pen- 
sions, under  any  of  the  acts  for  granting  them. 

Who  are  entitled  to  an  Invalid  Pension. 
Ail  commissioned  and  non-commissioned  -jmcers  of  the  army 


PENSIONS.  429 

(including  regulars,  and  cadets  at  West  Point,  volunteers,  ran 
gers,  militia  and  navy,  including  the  navy  proper,  sea  fencibles, 
flotilla  service,  marine  corps,  and  revenue  cutters  when  co-opera' 
ting  with  the  navy),  musicians,  privates,  marines,  seamen,  ordinary 
seamen,  and  all  others,  in  whatsoever  capacity  they  may  have 
served,  who  were  regularly  enlisted  or  drafted,  or  who  volun- 
teered; and  who,  while  in  the  line  of  duty,  were  disabled  by 
wounds  or  sickness,  from  subsequently  procuring  a  livelihood.  A 
goldier  on  furlough,  if  disabled  by  disease,  not  his  own  fault,  is  en- 
titled to  a  pension ;  but  an  officer  disabled  while  on  furlough,  is  not 
A  soldier  disabled  while  under  arrest,  in  confinement  for  oflenci 
against  military  law,  or  when  absent  without  leave,  is  not  en- 
titled to  a  pension  ;  nor  can  the  family  of  a  soldier,  whose  death 
is  caused  by  intemperance  while  in  the  service,  claim  a  pension. 

As  no  invalid  pensions  are  now  likely  to  be  granted  for  the 
first  time  to  persons  who  served  in  the  Revolutionary  War,  we 
shall  not  give  any  forms  for  procuring  such  pensions,  but  confine 
ourselves  solely  to  the  classes  named  above.  The  act  of  Congress 
of  July  14,  1862,  making  general  provision  for  the  payment  of 
pensions,  to  invalids  of  the  present  war  for  the  Union,  and  also 
to  the  widows,  orphans,  mothers,  and  minor  sisters  of  such  as 
have  died,  or  may  die  or  be  killed  in  the  line  of  duty,  is  so  im- 
portant, that  we  deem  it  best  to  give  it  in  full : 

An  Act  to  Grant  Pensions. 

Be  it  enacted  l)y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  if  any 
officer,  non-commissioned  officer,  musician  or  private  of  the 
army,  including  regulars,  volunteers,  or  militia,  or  any  officer, 
warrant  or  petty  officer,  musician,  seaman,  ordinary  seaman,  flo- 
tilla-man, marine,  clerk,  landsman,  pilot  or  other  person  in  the 
navy  or  marine  corps,  has  been,  since  the  fourth  day  of  March 
eighteen  hundred  and  sixty-one,  or  shall  hereafter  \yd  disabled 
by  reason  of  any  wound  received  or  disease  contracted  while  in 
the  service  of  the  United  States  and  in  the  line  df  duty,  he  shall, 
upon  making  due  proof  of  the  fact,  according  to  such  forms  and 
regulations  as  are  or  may  be  provided  by  or  in  pursuance  of  law, 
be  placed  upon  the  list  of  invalid  pensioners  of  the  United  States. 
and  be  entitled  to  receive,  for  the  highest  rate  of  disability,  such 
pension  as  is  hereinafter  provided  in  such  cases,  and  for  an  in- 
ferior disability  an  amount  proportionate  to  the  highest  disability. 


430  PENSIONS. 

to  commence  as  herein  alter  provided,  and  con  tinned  during  the 
existence  of  such  disability.  The  pension  for  a  total  disability 
for  officers,  non-commissioned  officers,  musicians  and  privates 
employed  in  the  military  service  of  the  United  States,  whether 
regulars,  volunteers  or  militia,  and  in  the  marine  corps,  shall  be 
as  follows,  viz :  lieutenant-colonel  and  all  officers  of  a  higher 
rank,  thirty  dollars  per  month;  major,  twenty-five  dollars  per 
month  ;  captain,  twenty  dollars  per  month  ;  first  lieutenant,  sev- 
enteen dollars  per  month ;  second  lieutenant,  fifteen  dollars  per 
month ;  and  non-commissioned  officers,  musicians  and  privates, 
eight  dollars  per  month.  The  pension  for  total  disability  for  offi- 
cers, warrant  or  petty  officers,  and  others  employed  in  the  naval 
service  of  the  United  States,  shall  be  as  follows,  viz :  captain, 
commander,  surgeon,  paymaster  and  chief  engineer,  respectively, 
ranking  with  commander  by  law,  lieutenant-commanding  and 
master-commanding,  thirty  dollars  per  month ;  lieutenant,  sur- 
geon, paymaster  and  chief  engineer,  respectively,  ranking  with 
lieutenant  by  law,  and  passed  assistant  surgeon,  twenty-five 
dollars  per  month ;  professor  of  mathematics,  master,  assistant 
surgeon,  assistant  paymaster  and  chaplain,  twenty  dollars  per 
month;  first  assistant  engineers  and  pilots,  fifteen  dollars  per 
month ;  passed  midshipman,  midshipman,  captain's  and  pay- 
master's clerk,  second  and  third  assistant  engineer,  master's  mate 
and  all  warrant  officers,  ten  dollars  per  month  ;  all  petty  officers 
and  all  other  persons  before  named  employed  in  the  naval  service, 
eight  dollars  per  month ;  and  all  commissioned  officers,  of  either 
service,  shall  receive  such  and  only  such  pension  as  is  herein  pro  • 
vided  for  the  rank  in  which  they  hold  commission. 

SEC.  2.  And  &<?  it  further  enacted,  That  if  any  officer  or  other 
person  named  in  the  first  section  of  this  act,  has  died  since  the 
fourth  day  of  March,  eighteen  hundred  and  sixty-one,  or  shall 
hereafter  die,  by  reason  of  any  wound  received  or  disease  con- 
tracted while  in  the  service  of  the  United  States  and  in  the  line 
of  duty,  his  widow,  or  if  there  be  no  widow,  his  child  or  children 
under  sixteen  years  of  age,  shall  be  entitled  to  receive  the  same 
pension  as  the  husband  or  father  would  have  been  entitled  to,  had 
he  been  totally  disabled,  to  commence  from  the  death  of  the  1  is- 
baud  or  father,  and  to  continue  to  the  widow  during  her  widow- 
hood, or  to  the  child  or  children  until  tliey  severally  attain  the 
age  of  sixteen  years,  and  r.o  longer. 

SEC.  3.  And  le  it  further  enacted,  That  where  any  officer  or 
other  person  named  in  the  fi.rst  section  of  this  act,  shall  have 
died  subsequently  to  the  fourth  of  March  eighteen  hundred  and 
sixty-one,  or  shall  hereafter  die  by  reason  of  any  wound  received 
or  disease  contracted  while  in  the  service  of  the  United  States 
und  in  the  line  of  duty,  and  has  not  left  or  shall  not  leave  a  wid- 
ow nor  legitimate  child,  but  has  left  or  shall  leave  a  mother  who 


PENSIONS.  431 

was  dependent  upon  him  for  support,  ir  whole  or  in  part,  the 
mother  shall  be  entitled  to  receive  the  same  pension  as  such 
officer  or  other  person  would  have  been  entitled  to  had  he 
been  totally  disabled;  -which  pension  shall  commence  from 
the  death  of  the  officer  or  other  person  dying  as  aforesaid; 
Provided,  however.  That  if  such  mother  shall  herself  be  in  receipt 
of  a  pension  as  a  widow,  in  virtue  of  the  provisions  of  the  second 
section  of  tbis  act,  in  that  case  no  pension  or  allowance  shall  be 
granted  to  her  on  account  of  her  son,  unless  she  gives  up  the 
other  pension  or  allowance:  And  provided  further,  That  the 
pension  given  to  a  mother  on  account  of  her  son  shall  terminate 
on  her  re-marriage:  And  provided  further,  That  nothing  shall  be 
so  construed  as  to  entitle  the  mother  of  an  officer  or  other  person 
dying,  as  aforesaid,  to  more  than  one  pension  at  the  same  time, 
under  the  provisions  of  this  act. 

SEO.  4.  And  be  it  further  enacted,  That  when  any  officer  or 
other  person  named  in  the  first  section  of  this  act  shall  have  died 
subsequently  to  the  fourth  day  of  March,  eighteen  hundred  and 
sixty-one,  or  shall  hereafter  die,  by  reason  of  any  wound  received 
or  disease  contracted  while  in  the  service  of  the  United  States 
and  in  the  line  of  .duty,  and  has  not  left  or.  shall  not  leave  a  wid- 
ow, nor  legitimate  child,  nor  mother,  but  has  left  or  may  leave  an 
orphan  sister  or  sisters,  under  sixteen  years  of  age  who  were 
dependent  upon  him  for  support,  in  whole  or  in  part,  such  sister 
or  sisters  shall  be  entitled  to  receive  the  same  pension  as  such 
officer  or  other  person  would  have  been  entitled  to  had  he  been 
totally  disabled ;  which  pension  to  said  orphan  shall  commence 
from  the  death  of  the  officer  or  other  person  dying  as  aforesaid, 
and  shall  continue  to  the  said  orpkans  until  they  severally  arrive 
at  the  age  of  sixteen  years,  and  no  longer :  Provided,  however, 
That  nothing  herein  shall  be  so  construed  as  to  entitle  said 
orphans  to  more  than  one  pension  at  the  same  time  under  the 
provisions  of  this  act:  And  provided  farther,  That  no  moneys 
shall  be  paid  to  the  widow  or  children,  or  any  heirs  of  any  de- 
ceased soldier  on  account  of  bounty,  back  pay  or  pension,  who 
have  in  anyway  been  engaged  in,  or  who  have  aided  or  abetted 
the  existing  rebellion  in  the  United  States:  but  the  right  of  such 
disloyal  widow  or  children,  heir  or  heirs  of  such  soldier,  shall 
be  vested  in  the  loyal  heir  or  heirs  of  the  deceased,  if  any 
there  be. 

SEO.  5  And  he  it  further  enacted,  That  pensions  which  may  b* 
granted,  in  pursuance  of  the  provisions  of  this  act,  to  persons 
\vho  may  have  been,  or  shall  be,  employed  in  the  military  of 
naval  service  of  the  United  States,  shall  commence  on  the  day  of 
the  discharge  of  such  persons  in  all  cases  in  which  the  application 
for  such  pensions  is  filed  within  one  year  after  the  date  of  said 
discharge;  and  in  cases  m  which  the  application  is  not  tiled 


432  PENSIONS. 

during  said  year,  pensions  granted  to  persons  as  aforesaid  shal 
commence  on  the  day  of  the  filing  of  the  application. 

SEO.  6.  And  be  it  farther  enacted,  That  the  fees  of  agents  and 
attorneys,  for  making  out  and  causing  to  be  executed  the  papers 
necessary  to  establish  a  claim  for  a  pension,  bounty  and  other 
allowance,  before  the  Pension  Office  under  this  act,  shall  not  ex- 
ceed the  following  rates :  For  making  out  and  causing  to  be  duly 
Executed  a  declaration  by  the  applicant,  with  the  necessary  affida- 
vits, and  forwarding  the  same  to  the  Pension  Office,  with  the 
requisite  correspondence,  five  dollars.  In  cases  wherein  additional 
testimony  is  required  by  the  Commissioner  of  Pensions,  for  each 
affidavit  so  required  and  executed  and  forwarded  (except  the 
affidavit  of  surgeons,  for  which  such  agents  and  attorneys  shall 
not  be  entitled  to  any  fees),  one  dollar  and  fifty  cents. 

SEC.  7.  And  be  it  further  enacted,  That  any  agent  or  attorney 
who  shall,  directly  or  indirectly,  demand  or  receive  any  greater 
compensation  for  his  services  under  this  act  than  is  prescribed  in 
fche  preceding  section  of  this  act,  or  who  shall  contract  or  agree 
to  prosecute  any  claim  for  a  pension,  bounty  or  other  allowance 
under  this  act,  on  the  condition  that  he  shall  receive  a  per  centum 
upon,  or  any  portion  of  the  amount  of  such  claim,  or  who  shall 
wrongfully  withhold  from  a  pensioner  or  other  claimant  the 
whole  or  any  part  of  the  pension  or  claim  allowed  and  due  to 
such  pensioner  and  claimant,  shall  be  deemed  guilty  of  a  high 
misdemeanor,  and  upon  conviction  thereof  shall,  for  every  such 
otTence,  be  fined  not  exceeding  three  hundred  dollars,  or  im- 
prisoned at  hard  labor  not  exceeding  two  years,  or  both,  accord- 
ing to  the  circumstances  and  aggravations  of  the  offence. 

SEC.  8.  And  be  it  further  enacted,  That  the  Commissioner  of 
Pensions  be,  and  he  is  hereby  empowered  to  appoint,  at  his  dis- 
cretion, civil  surgeons  to  make  the  biennial  examinations  of  pen- 
sioners which  are  or  may  be  required  to  be  made  by  law,  and  to 
examine  applicants  for  invalid  pensions,  when  he  shall  deem  an 
examination  by  a  surgeon  to  be  appointed  by  him  necessary,  and 
fche  fees  for  each  of  such  examinations,  and  the  requisite  certifi- 
cate thereof,  shall  be  one  dollar  and  fifty  cents,  which  fees  shall 
be  paid  to  the  surgeon  by  the  person  examined,  for  which  ha 
eliall  take  a  receipt,  and  forward  the  same  to  the  Pension  Ofnce; , 
and  upon  the  allowance  of  the  claim  of  the  person  examined,  the 
Commissioner  of  Pensions  shall  furnish  to  such  person  an  ordei 
on  the  Pension  Agent  of  his  State  for  the  amount  of  the  sur- 
geon's fees. 

BEXJ.  0,  And  le  it  further  enacted,  That  the  Commissioner  of 
Pensions,  on  application  made  to  him  in  person  or  by  letter  bf 
any  claimants  or  applicants  for  pension,  bounty  or  other  allow- 
ance required  by  law  to  be  a<lju.Hted  and  paid  by  tha  Pension 
f  ahatt.  furwili  such,  claimants,  free  of  all  expense  or  charge 


PENSIONS.  433 

to  diem,  all  such  printed  instructions  and  forms  as  inaj  be  neces- 
sary in  establishing  and  obtaining  such  claim ;  and  in  case  such 
claim  is  prosecuted  by  an  agent  or  attorney  of  such  claimant  01 
applicant,  on  the  issue  of  a  certificate  of  pension  or  the  granting 
of  a  bounty  or  allowance,  the  Commissioner  of  Pensions  shalJ 
forthwith  notify  the  applicant  or  claimant  that  such  certificate 
has  been  issued  or  allowance  made,  and  the  amount  thereof. 

SEC.  10.  And  1)6  it  further  enacted,  That  the  pilots,  engineers, 
sailors  and  crews  upon  the  gunboats  and  war  vessels  of  the 
United  States  who  have  not  been  regularly  mustered  into  th 
service  of  the  United  States,  shall  be  entitled  to  the  same  bounty 
allowed  to  persons  of  corresponding  rank  in  the  naval  service, 
provided  they  continue  in  service  to  the  close  of  the  present 
war ;  and  all  persons  serving  as  aforesaid,  who  have  been  or  may 
be  wounded  or  incapacitated  for  service,  shall  be  entitled  to  re- 
ceive for  such  disability  the  pension  allowed  by  the  provisions 
of  this  act,  to  those  of  like  rank,  and  each  and  every  such  person 
shall  receive  pay  according  to  corresponding  rank  in  the  naval 
service :  Provided,  That  no  person  receiving  pension  or  bounty 
under  the  provisions  of  this  act  shall  receive  either  pension  or 
bounty  for  any  other  service  in  the  present  war. 

SEC.  11.  And  "be  it  further  enacted,  That  the  widows  and  heirs 
of  all  persons  described  in  the  last  preceding  section  who  have 
been  or  may  be  employed  as  aforesaid,  or  who  have  been  or  may 
be  killed  in  battle,  or  of  those  who  have  died  or  shall  die  of 
wounds  received  while  so  employed,  shall  be  paid  the  bounty  and 
pension  allowed  by  the  provisions  of  this  act,  according  to  rank, 
as  provided  in  the  last  preceding  section. 

SEC.  12.  And  l>e  it  further  enacted,  That  the  Secretary  of  the 
Interior  be  and  he  is  hereby  authorized  to  appoint  a  special  agent 
for  the  Pension  Office,  to  assist  in  the  detection  of  frauds  against 
the  pension  laws,  to  cause  persons  committing  such  frauds  to  bo 
prosecuted,  and  to  discharge  such  other  duties  as  said  Secretary 
may  require  him  to  perform  ;  which  said  agent  shall  receive  for 
his  services  an  annual  salary  of  twelve  hundred  dollars,  and  his 
actual  travelling  expenses  incurred  in  the  discharge  of  his  duties 
shall  be  paid  by  the  Government. 

SEC.  18.  And  be  it  further  enacted,  That  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act  be  and  the  same 
are  hereby  repealed. 


434  REGULATIONS   FOB   OBTAINING  PENSIONS. 

REGULATIONS  AND  FORMS  FOR  OBTAINING   PEN- 
SIONS  FOR  INVALIDS,  REGULARS,  VOLUNTEERS, 
.  OR  MILITIA. 

1.  Regulations. 

All  persons  applying  for  pensions  by  reason  of  disability,  in- 
curred in  the  line  of  duty  while  in  the  military  service  of  tha 
United  States,  must  make  a  declaration,  unde*r  oath  (or  affirma- 
tion), before  some  court  of  record,  or  before  a  judge  or  clerk  of 
such  court,  setting  forth  the  age  and  residence  of  the  claimant ; 
(ho  service  in  which  he  was  engaged ;  the  time,  place,  and  man- 
ner of  incurring  the  disability  alleged,  with  its  precise  character ; 
and  the  date  of  his  discharge ;  together  with  a  statement  of  his 
residence  and  occupation  since  leaving  the  service. 

In  support  of  the  averments  of  such  declaration,  the  following 
rules  must  be  observed  in  presenting  the  testimony : 

1.  The  claimant's  identity  must  be  proved  by  two  witnesses, 
certified  by  a  judicial  officer  to  be  respectable  and  credible,  who 
are  present  and  witness  the  signature  of  the  declaration,  and 
who  state  upon  oath  (or  affirmation)  their  belief,  either  from  per- 
sonal acquaintance  or  for  other  reasons  given,  that  he   is  the 
identical  person  he  represents  himself  to  be. 

2.  The  applicant  must,  if  in  his  power,  produce  the  certificate 
of  the   captain,  or  of  some  other  commissioned  officer,   under 
whom  he  served,  distinctly  stating  the  time   and  place  of  the 
said  applicant's  having  been  wounded,  or  otherwise  disabled,  and 
the  nature  of  the  disability ;  and  that  the  disability  arose  while 
he  was  in  the  service  of  the  United  States,  and  in  the  lino  of  his 
duty. 

3.  If  it  be  impracticable  to  obtain  such  certificate,  by  reason 
of  the  death  or  removal  of  said  officers,  it  must  be  so  stated  in  the 
declaration  of  the  applicant,  and  his  averment  of  the  fact  proved 
by  persons  of  known  respectability,  who  must  state  particularly 
all  the  knowledge  they  may  possess  in  relation  to  such  death  or 
removal.     Then  secondary  evidence  can  be  received.     In  such 
case  the  applicant  must  produce  the  testimony  of  at  least  two 
credible  witnesses  (who  were  in  a  condition  to  know  the  facts 
about  which  they  testify)  whose  good  character  must  be  Touched 


EEGULATIOKS    FOR    OBTAINING    PENSIONS.  436 

fot  by  a  judicial  officer,  or  by  some  ono  known  to  the  Depart- 
ment. These  witnesses  must  give  a  minute  narrative  of  the 
facts  in  relation  to  the  matter,  and  must  show  how  they  obtained 
a  knowledge  of  the  facts  to  which  they  testify. 

4.  The  surgeon's  certificate  of  discharge  should  show  the  char- 
acter and  degree  of  the  claimant's  disability,  but  when  that  is 
wanting,  and  when  the  certificate  of  an  army  surgeon  is  not  at- 
tainable, the  certificate  of  two  respectable  civil  surgeons  will  be 
received,  in  accordance  with  the  form  F.     These  surgeons  must 
give,  in  their  certificate,  a  particular  description  of  the  wound, 
injury,  or  disease,  and  specify  how  and  in  what  manner  his  pres- 
ent condition  and  disability  are  connected  therewith.    The  degree 
of  disability  must  also  be  stated. 

5.  The  habits  of  the  applicant,  and  his  occupation  since  he  lof* 
the  service,  must  be  shown  by  at  least  two  credible  witnesses. 

6.  All  evidence  should  be  verified  by  oath,  before  a  judge  of 
the  United  States  Court,  or  some  judge  or  justice  of  the  peace,  or 
other  officer  of  a  State  having  authority  to  administer  oaths  for 
general  purposes;  and,  if  verified  before  an  officer  of  any  State, 
his  official  character  must  be  duly  authenticated ;  and  such  officer 
must,  in  all  cases,  certify  that  he  is  not  interested  in  the  prosecu- 
tion of  the  claim. 

7.  Attorneys  for  claimants    must  in  all  cases  have  proper 
authority  from  those  in  whose  behalf  they  appear.     Powers  of 
attorney  must  be  signed  in  the  presence  of  two  witnesses,  and 
acknowledged  before  a  duly  qualified  officer  whose  official  char- 
acter must  bo  properly  shown. 

The  subjoined  forms  will  guide  applicants  for  pensions  of  the 
army  branch,  and  must  be  exactly  followed  in  every  instance. 
N"o  attorney  or  applicant  will  be  regarded  as  having  filed  the 
necessary  declaration  and  affidavit  unless  the  forma  as  well  as  the 
foregoing  instructions  are  strictly  complied  with. 


SUPPLEMENTARY    ACTS. 


Act  of  July  4,  1864. 

Various  Supplementary  Acts  have  been  passed  by  tie  Act  of 
July  14,  1862,  modifying  in  gome  particulars  the  provisions  of 
previous  legislation. 

By  the  Act  of  July  4,  1884,  it  is  provided  that  biennial  exami- 
nations will  hereafter  be  made  by  one  surgeon  only,  if  he  is  regu 
larly  appointed,  or  holds  a  surgeon's  commission  in  the  army 
Examinations  by  unappointed  civil  surgeons  will  not  be  accepted, 
unless  it  can  be  shown  that  an  examination  by  a  commissioned 
or  duly  appointed  surgeon  is  impracticable. 

INCREASED  PENSIONS  IN  CERTAIN  CASES. — A  pension  of  twenty- 
five  dollars  per  month  is  granted  to  those  having  lost  both  hands 
or  both  eyes  in  the  military  service  of  the  United  States,  in  the 
line  of  duty,  and  twenty  dollars  per  month  to  those  who  under 
the  same  conditions  shall  have  lost  both  feet,  if  such  parties 
were  entitled  to  a  lower  rate  of  pension  under  the  Act  of 
1862.  This  higher  pension  will  elate  only  from  the  4th  day  of 
July,  1864,  in  case  of  pensioners  already  enrolled,  or  of  applicants 
discharged  prior  to  that  date. 

EVIDENCE  OF  MUSTER-IN. — In  accordance  with  the  llth  Sec- 
tion of  the  Act  of  July  4,  1864,  evidence  of  the  muster-in  of 
the  soldier  will  not  be  required  in  any  case,  but  there  must  be 
positive  record  evidence  of  service.  Evidence  of  muster  in  the 
case  of  commissioned  officers  is  still  required. 

Act  of  June  6,  1866. 

The  supplementary  pension  act,  approved  June  six,  eighteen 
hundred  and  sixty-six,  provides  increased  rates  of  pensions  over 
those  granted  by  the  act  of  July  fourteen,  eighteen  hundred  and 
sixty-two,  in  the  following  cases,  viz : 

1,  Twenty-five  dollars  per  month  to  all  those  invalids  entitled, 
under  the  act  of  July  fourteen,  eighteen  hundred  and  sixty-two, 
to  a  lower  rate  of  pension,  on  account  of  service  rendered  since 
March  four,  eighteen  hundred  and  sixty-one,  "who  shall  have 
lost  the  sight  of  both  eyes,  or  who  shall  have  lost  both  hands,  or 
been  permanently  and  totally  disabled  in  the  same,  or  otherwise 
so  permanently  and  totally  disabled  as  to  render  them  utterly 


SUPPLEMESTAIIY    ACTS.  437 

Helpless,  or  so  nearly  so  as  to  require  the  constant  personal  aid 
and  attendance  of  another  person." 

2.  Twenty  dollars  per  month  to  those  invalids  who,  being  en- 
titled under  like  conditions  to  a  lower  rate  of  pension,  "  shall 
have  lost  both  feet,  or  one  hand  and  one  foot,  or  been  totally  and 

Eermanently  disabled  in  the  same,  or  otherwise  so  disabled  as  to 
e  incapacitated  for  performing  any  manual  labor,  but  not  so 
much  so  as  to  require  constant  personal  aid  and  attention.'1 

8.  Fifteen  dollars  per  month  to  those  invalids  who,  under  like 
conditions,  fc'  shall  have  lost  one  hand  or  one  foot,  or  been  totally 
and  permanently  disabled  in  the  same,  or  otherwise  so  disabled 
as  to  render  their  inability  to  perform  manual  labor  equivalent 
to  the  loss  of  a  hand  or  a  foot." 

In  order  to  obtain  the  benefits  of  the  foregoing  provisions, 
pensioners  already  enrolled  will  file  an  application  in  accordance 
with  form  F,  appended  hereto.  Proof  in  addition  to  that  on 
file  with  the  previous  application  need  not  be  forwarded  except 
as  shall  be  specially  required  in  each  case,  after  the  application  is 
received.  The  applicant  need  only  be  examined  by  a  pension 
surgeon  when  expressly  required,  on  due  notice  from  this  office. 
Applicants  not  already  pensioned,  who  believe  themselves  entitled 
to  the  benefit  of  the  foregoing  provisions,  will  specifically  set  forth 
such  claim  in  their  declarations,  carefully  stating  the  nature  of 
the  disability  on  account  of  which  such  higher  rate  of  pension  is 
claimed.  The  declaration  must  be  made  before  some  officer  of  a 
court  of  record,  or  before  a  pension  notary  designated  by  this 
office,  as  provided  by  the  third  section  of  the  act  of  July  four, 
eighteen  hundred  and  sixty-four. 

The  above  specified  increased  rates  of  pension  will  be  allowed 
only  to  those  disabled  since  the  fourth  day  of  March,  eighteen 
hundred  and  sixty-one,  and  will  date  only  from  the  sixth  clay  of 
June,  eighteen  hundred  and  sixty-six. 

TEAMSTERS,  ARTIFICERS,  AND  OTHER  ENLISTED  MEN,  not  em- 
braced in  the  terms  of  the  act  of  July  fourteen,  eighteen  hundred 
and  sixty-two,  or  of  acts  supplementary  thereto,  are,  by  the  tenth 
section  of  the  act  of  June  six,  eighteen  hundred  and  sixty-six, 
included,  in  the  administration  of  the  pension  laws,  in  the  class 
of  noii-commisaioncd  officers  and  privates. 

MINOR  CHILDREN  TO  BE  PENSIONED,  IN  CERTAIN  CASES,  IN- 
STEAD OF  THE  WIDOW. — The  eleventh  section  provides  that 
•when  any  widow,  entitled  to  a  pension  under  previous  acts,  haa 
abandoned  the  care  of  a  child  or  children  of  her  deceased  hus- 
band, under  sixteen  years  of  age,  "  or  is  an  unsuitable  person,,  by 
reason  of  immoral  conduct,  to  have  the  custody  of  the  same,"  the 
pension  shall  be  paid  to  the  duly  authorized  guardian  of  such 


438  SUPPLEMENTARY    ACTS. 

child,  or  children,  while  under  the  age  of  sixteen  years,  and  not 
to  the  widow.  The  proper  proof  in  such  case,  as  provided  by 
this  section,  is  the  certificate  of  the  judge  of  any  court  having 
probate  jurisdiction  "that  satisfactory  evidence  has  been  produced 
before  such  court"  to  the  effect  above  indicated.  In  preamtiDg 
an  application  under  this  section,  the  guardians  of  the  minor 
child  or  children  will  make  a  declaration  in  accordance  ivith  the 
appended  form  G. 

PENSIONS     GRANTED     TO     DEPENDENT     FATIIEI18    AND     TO   DE- 

FSNDENT  OKFIIAN  BROTHERS. — By  the  twelfth  section  the  pro- 
visions of  the  act  of  July  fourteen,  eighteen  hundred  and  sixty- 
two,  are  extended  so  as  to  include  the  dependent  brother  or 
orothers  of  a  deceased  officer,  soldier,  or  seaman,  and  the  depen- 
dent father  of  such  deceased  persons,  under  like  limitations  as 
apply  in  the  case  of  dependent  sisters  and  mothers ;  but  not  more 
than  one  pension  is  granted  on  account  of  the  same  persoa,  or  to 
more  than  one  of  said  classes.  The  forms  prescribed  for  the  lat 
ter  cases  may  be  used,  with  obvious  variations,  in  applications 
made  by  dependent  fathers  or  on.  behalf  of  dependent  brothers. 

LIMITATIONS  AS  TO  NUMBER  AND  DATE  OF  PENSIONS. — The 
thirteenth  section  declares  that  but  one  pension  shall  be  granted 
to  any  person  at  the  same  time ;  and  that  when  application  is 
not  made  within  three  years  after  the  death  or  discharge  of  tho 
party  on  whose  account  a  pension  is  claimed,  such  pension,  if 
allowed,  "shall  commence  from  the  date  of  filing  the  last  papei 
in  said  case  by  the  party  prosecuting  the  same."  This  limitation 
applies  to  all  classes  of  pensions. 

EVIDENCE  OF  MARRIAGE  OF  COLORED  APPLICANTS.  —  The 
fourteenth  section  provides  that  habitual  recognition  of  the  mar- 
riage relation  between  colored  parties — that  is,  in  the  absence  of 
the  usually  required  proof— when  shown  by  "  proof  satisfactory 
to  the  Commissioner  of  Pensions,"  shall  be  accepted  as  evidence 
of  marriage,  and  the  children  of  such  parties  shall  be  regarded  as 
if  born  in  lawful  wedlock.  When  the  usual  proof  of  marriage 
can  be  furnished,  it  will  be  required  as  heretofore.  When  only 
evidence  of  cohabitation  and  mutual  recognition  can  be  adduced, 
as  provided  in  this  section,  the,  testimony  of  two  credible  and 
disinterested  witnesses  will  be  required,  who  must  state  how  long 
they  have  been  personally  acquainted  with  the  parties,  and  foi 
how  long  a  period  the  latter  are  known  to  have  recognized  each 
other  as  man  and  wife.  If  such  acquaintance  is  deemed  to  be  of 
too  recent  date  to  warrant  the  acceptance  of  this  testimony,  or  if 
there  is  reason  to  doubt,  in  any  instance,  that  the  marriage  rela- 
tion existed  in  good  faith,  more  specific,  instructions  will  bo 
issued,  adapted  to  the  circumstances  of  the  particular  case. 


SUPPLEMENTARY    ACTS.  439 

Act  of  July  25,  1866. 

PROVOST  MARSHALS,  ENROLLING  OFFICERS,  AND  OTHERS  EN- 
TITLED TO  THE  BENEFITS  OF  THE  PENSION  LAWS. — The  first  sec- 
tion of  the  act  of  July  twenty-five,  eighteen  hundred  and  sixty- 
six,  extends  the  benefits  conferred  by  the  pension  laws  to  provost 
marshals,  deputy  provost  marshals,  and  enrolling  officers  disabled 
in  the  line  of  their  official  duty  as  such,  and  to  the  widows  or 
dependents  of  such  officers  in  like  manner. 

Declarations  will  be  made  in  accordance  with  the  instructions 
issued  under  the. pension  act  of  July  fourteen,  eighteen  hundred 
and  sixty-two,  and  supplementary  acts.  The  grade  of  such 
ofiicers,  for  the  purpose  of  determining  the  rates  of  pensions  under 
this  section,  is  fixed  as  follows :  Provost  marshals  will  rank  as 
captains ;  their  deputies  as  first  lieutenants ;  and  enrolling  officers 
as  second  lieutenants. 

INCREASED  PENSIONS  TO  WIDOWS,  AND  ORPHAN  CHILDREN 
UNDER  SIXTEEN  YEARS  OF  AGE. — The  second  section  of  this  act 
allows  to  those  who  are  or  shall  be  pensioned  as  widows  of  sol- 
diers or  sailors  two  dollars  per  month  additional  pension  for 
each  child  (under  sixteen  years  of  age)  of  the  deceased  soldier 
or  sailor  by  the  widow  thus  pensioned. 

On  the  death  or  remarriage  of  such  widow,  or  on  the  denial 
of  a  pension  to  her,  in  accordance  with  the  provisions  of  section 
eleven  of  the  act  of  June  six,  eighteen  hundred  and  sixty-six, 
the  same  amount  to  which  she  would  otherwise  be  entitled,  under 
this  and  previous  provisions,  is  allowed  to  the  minor  children. 
The  number  and  names  of  the  children,  with  their  ages,  must  be 
proved  by  the  affidavits  of  two  credible  and  disinterested  wit- 
nesses. The  provisions  of  this  section  only  include  the  children 
of  the  widow,  and  not  those  of  her  deceased  husband  by  a  previous 
marriage.  The  widows  of  minor  children  of  ofiicers  are  not  enti- 
tled to,  this  increase.  Declarations  for  an  increase  under  this  sec- 
tion, if  for  the  widow,  will  be  made  in  accordance  with  form  H, 
appended  hereto ;  and  if  for  minor  children,  according  to  form  I. 
The  pension  certificate  must  be  sent  with  all  applications  filed 
ubsequently  to  September  four,  eighteen  hundred  and  sixty-six. 

INCREASE  OF  PENSIONS  UNDER  ACTS  PRIOR  TO  JULY  4,  1862. — 
All  pensioners  under  acts  approved  prior  to  July  fourteen,  eight- 
een hundred  and  sixty-two,  are,  by  the  third  section  of  the 
present  act,  granted  the  same  rights  as  those  pensioned  under 
acts  approved  at  or  since  that  date,  so  far  as  said  acts  may  be 
applicable,  with  the  exception  of  soldiers  of  the  Revolution  or 
their  widows.  This  section  applies  only  to  pensioners  who  were 
euch  at  the  date  of  the  approval  of  this  act. 

Declarations  of  claimants  under  this  section  will  be  made  in 
accordance  with  the  forms  previously  issued  under  act  of  July 


440  SUPPLEMENTARY  ACTS. 

fourteen,  eighteen  hundred  and  sixty-two,  and  subsequent  pension 
acts,  with  the  necessary  modifications,  and  the  pension  certifi- 
cates will  be  returned. 

INVALID  PENSIONS  OP  CLAIMANTS  DYING  WHILE  THEIR  APPLI 
CATIONS  ARE  PENDING,  THE  EVIDENCE  BEING  COMPLETED. — The 
fourth  section  of  this  act  is  construed  in  connection  with  the 
tenth  section  of  the  act  of  July  four,  eighteen  hundred  and  sixty- 
four,  and  the  sixth  section  of  tli3  act  of  June  six,  eighteen  hun- 
dred and  sixty-six,  to  which  it  is  supplementary.  If  an  appli 
cant  for  invalid  pension  dies  while  his  claim  is  pending,  the 
evidence  having  been  completed,  the  pension,  under  the  provi 
sions  of  this  section  and  of  those  sections  of  previous  acts  above 
referred  to,  is  disposed  of  as  follows : 

1.  If  he  left  a  widow,  or  minor  child  or  children  under  sixteen 
years  of  age,  or  other  dependent  relatives,  and  died  of  wound? 
received  or  of  disease  contracted  in  the  service  or  in  the  line  of 
duty,  no  invalid  pension  certificate  will  issue,  but  such  widow  or 
dependent  relatives  will  receive  a  pension,  in  their  own  right, 
taking  precedence  in  the  order  prescribed  by  law  in   other 
cases.* 

2.  If  the  claimant  left  a  widow  or  dependent  relatives,  but 
did  not  die  of  wounds  received  or  disease  contracted  in  the  ser- 
vice and  in  the  line  of  duty,  so  that  neither  widow  nor  dependent 
relatives  would  be  entitled  to  a  pension  on  his  account,  then  the 
certificate  will  be  issued  in  his  name,  and  the  pension  paid  to 
the  widow  or  to  the  dependent  relatives,  as  the  case  may  be,  in 
the  same  order  in  which  they  would  have  been  pensioned,  if 
entitled,  as  set  forth  in  the  preceding  paragraph. 

3.  If  the  claimant  left  no  widow  or  dependent  relatives,  the 
certificate  will  issue  in  his  name,  and  the  pension  will  be  drawn 
by  his  executor  or  administrator. 

CERTAIN  ACCRUED  RIGHTS  RESERVED  UNDER  REPEALED  EN- 
ACTMENTS.— The  fifth  section  reserves  all  rights  that  may  have 
accrued  under  the  fifth  section  of  the  pension  act  of  July  four, 
eighteen  hundred  and  sixty-four,  and  the  third  section  ol  the 
pension  act  of  March  three,  eighteen  hundred  and  sixty-five, 
though  repealed  by  the  first  section  of  the  act  of  June  six, 
eighteen  hundred  and  sixty-six. 

WIDOWS  REMARRYING  WHILE  THEIR  CLAIMS  ^",E  PENDING 
are  entitled,  under  the  sixth  section,  if  their  claims  are  other- 
wise valid,  to  receive  pensions  to  the  date  of  remarriage,  if  the 
deceased  officer,  soldier,  or  sailor  on  whose  account  they  claim 
left  no  legitimate  child  under  sixteen  years  of  age. 

JOSEPH  H.  BARRETT, 

Commissioner  of  Pensions. 

PENSION  OFFICE,  August  4,  1866.       . 

*  See  section  10,  set  of  July  4, 1864 


INVALID    PENSIONS.  44] 

INVALID  PENSIONS-PENSION  ACT  OF  JUL1  L4,  '62. 

By  this  Act,  pensions  may  be  granted  to  the  following  classes: 

1.  INVALIDS  in  the  military  or  naval  service  of  the  United 
States,  and  in  the  line  of  duty,  disabled  since  March  4,  1861. 

2.  WIDOWS  of  officers,  soldiers,  or  seamer,  dying  of  wounds 
received,  or  of  disease  contracted  in  the  military  or  naval  service. 

f  3.  CIIILDEEN  under  sixteen  years  of  ago  of  such  deceased  per- 
sons, if  there  is  no  widow  surviving,  or  from  the  time  of  the 
widow's  remarriage. 

4.  MOTHERS  (who  have  no  husband  living)  of  officers,  soldierf 
or  seamen,  deceased  as  aforesaid,  provided  the  latter  have  left 
neither  widow  nor  children  under  sixteen  years  of  age,  and  pro- 
vided also  that  the  mother  was  dependent,  wholly  or  in  part, 
upon  the  deceased  for  support. 

5.  SISTERS  under  sixteen  years  of  age,  of  such  deceased  per- 
sons, dependent  on  the  latter,  wholly  or  in  part,  for  support,  pro- 
vided there  are  no  rightful  claimants  of  the  three  preceding 
classes. 

Only  one  full  pension,  in  any  case,  will  be  allowed  to  the  rela- 
tives of  a  deceased  officer,  soldier  or  seaman,  and  in  the  order  of 
precedence  set  forth  above.  When  more  than  one  minor  child  or 
orphan  sister,  thus  becomes  entitled  to  pension,  the  same  must 
be  divided  equally  between  them.  Invalid  pensions,  under  this 
law,  will  commence  from  the  date  of  the  pensioners  discharge 
from  service,  provided  application  is  made  within  one  year  there- 
after. If  tlio  claim  is  not  made  till  a  later  date,  the  pension  will 
commence  from  the  time  of  the  application.  Pensions  of  widows, 
minors,  &c.,  will  commence  from  the  death  of  the  officer,  soldier 
•>r  seaman,  on  whose  service  the  claim  is  based. 

"  A." 

Form  of  Declaration  for  an  Invalid  Pension  under  Act 
of  July  14,  1862. 

STATE  [DISTRICT  OB  TERRITORY]  OF  ) 

County  of ,  \  *** 

On  this  day  of ,  A.  D.  one  thousand  eight  hun- 
dred and  ,  personally  appeared  before  me [here 

state  the  official  character  of   the  person  administering  the 
oath]  within  and  for  the  county  and  State  aforesaid, — 


442  INVALID    PENSIONS. 

aged years,  a  resident  of ,  in  the  State  of ,  who, 

being  duly  sworn   according  to  law,  declares    that   he    is  the 

identical ,  who  enlisted  in  the   service  of  the  United 

States  at  ,  on  the  day  of ,  in  the  year ,  as 

a in  company ,  commanded  by ,  in  the  

regiment  of ,  in  the  war  of  1861,  and  was  honorably  dis- 
charged on  the day  of ,  in  the  year  ;  that  while 

in  the  service  aforesaid,  and  in  the  line  of  his  duty,  he  re- 
ceived the  following  wound  (or  other  disability  as  the  case  may 
be) :  [Here  give  a  particular  and  minute  account  of  the  wound  or 
other  injury,  and  state  how,  when  and  where  it  occurred,  where 
the  applicant  has  resided  since  leaving  the  service,  and  what  has 
been  his  occupation.] 

(Signature  of  Claimant.} 

Also  personally  appeared and ,  resi- 
dents of  (county,  city  or  town),  persons  whom  I  certify  to  be 
respectable- and  entitled  to  credit,  and  who,  being  by  mo  duly 

eworn,  say  that  they  were  present  and  saw sign  his 

name  (or  make  his  mark)  to  the  foregoing  declaration,  and  they 
further  swear  that  they  have  every  reason  to  believe,  from  the 
appearance  cf  the  applicant  and  their  acquaintance  with  him, 
that  he  is  the  identical  person  he  represents  himself  to  be ;  and 
they  further  state  that  they  have  no  interest  in  the  prosecution  of 
this  claim. 

(Signature  of  Witnesses.) 

Sworn  to  and  subscribed  before  me    this  day  of  , 

A  D.  18 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

(Signature  of  Judge  or  other  officer.} 

Applicant's  Post  Office  address. 

Where  an  applicant  for  a  pension  does  not  make  his  application 
in  person,  but  procures  the  services  of  another  person  to  prose- 
cute bis  claim  for  him,  he  must  give  to  that  person  a  Power  of 
Attorney  to  act  for  him.  By  the  law  of  July  14,  1862  (see 
page  18),  no  person  acting  as  such  agent  or  attorney,  is  allowed, 
directly  or  indirectly,  in  any  way  to  receive,  for  making  out  and 
causing  to  be  duly  executed  by  the  applicant  a  declaration  with 
the  necessary  affidavits  and  forwarding  the  same  to  the  Pension 
Office  with  tfie  requisite  correspondence,  more  than  five  dollars, 
and  if  further  affidavits  are  required  by  the  department,  no  ciore 
than  one  dollar  and  fifty  cents  for  each  affidavit  so  required  and 
executed  and  forwarded  (except  the  affidavits  of  surgeons,  for 
which  the  agont  or  attorney  is  not  entitled  to  any  fee).  Tk« 


INVALID   PENSIONS.  443 

penalty  for  charging  a  higher  fee  than  this  is  three  hundred 
dollars  fine  or  two  years'  imprisonment,  or  both,  according  to  the 
circumstances  and  aggravations  of  the  offence.  The  following  is 
the  form  which  must  be  followed  for  Power  of  Attorney. 

Power  of  Attorney,  Form. 

Know  all  men  by  these  presents,  that  I ,  of  the 

'  county  of  ,  and  State  of  ,  do  hereby  constitute  and 

appoint ,  my  true  and  lawful  attorney,  for  me  and 

in  my  name  to  prosecute  the  claim  presented  by  me  for  an  invalid 
pension  [or  for  a  half-pay  pension  as  widow  of ,  de- 
ceased;  or  the  claim  presented  by  me,  as  guardian  for 
,  minor  heirs  of  — '- —  ,  deceased,  for  a  pen- 
sion for  said  wards ;  or,  for  an  increase  of  pension ;  or  for  a 
renewal  of  pension ;  or  for  arrears  of  pension,  or  otherwise,  as 
the  case  may  be] ;  and  I  do  hereby  authorize  rny  said  attorney  to 
examine  the  papers,  documents,  and  records  on  file  in  any  depart- 
ment of  the  government  or  the  several  offices  thereof,  relating  to 
my  said  claim,  to  appoint  one  or  more  substitutes  to  assist  him  in 
the  business  aforesaid ;  to  file  additional  evidence  or  arguments, 
whenever  required  ;  to  receive  the  certificate  which  may  issue  in 
my  name  upon  said  claim  ;  and  to  do  any  and  all  acts  necessary 
in  attaining  the  object  of  his  said  appointment. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  seal,  this 
day  of ,  A.  D.  18—. 

Executed  in  presence  of  [L.  s.] 

(Two  witnesses.} 

STATE  OF ,    ) 

County  of ,  J'" 

On  the day  of -,  A.  D.  18 — ,  before  me,  a  justice  of 

the  peace  in  and  for  the  county  aforesaid,  personally  appeared 
,  and  acknowledged  the  foregoing  Power  of  Attor- 
ney to  be act  and  deed,  for  the  purposes  therein  mentioned. 

In  testimony  whereof,  I  hereunto  set  my  hand  the  day  and  year 
aforesaid. 

(  *  P.) 

STATE  OF  ,   ) 

County  of ,    }8S 

[L.  8.]     I, : ,    clerk    of    the  Court,    within    and 

for   said  county,    certify  that ,   Esq.,    whose  genuine 

signature  appears  to  the  foregoing  certificate  of  acknowledg- 
ment, was,  at  the  time  of  subscribing  the  same,  and  still  is,  an 
acting  justice  of  the  peace,  in  and  for  said  county,  duly  com- 
missioned and  sworn,  and  that  his  official  acts  are  entitled  to  full 
faith  and  credit. 


444  SURGEON'S  AFFIDAVIT. 

In  testimony  whereof,  I  hereto  set  my  hand,  and  affix  the  seal 

of  said  court,  at ,  this day  of ,  A.  D.  18 — . 

( ,  Clerk) 

If  the  claimant  for  an  invalid  pension  has  not  been  examined, 
and  the  degree  of  his  disability  certified,  by  an  army  surgeon, 
he  must  produce  the  affidavits  of  two  surgeons  reputable  in  their 
professions,  and  certified  as  such  by  the  magistrate  before  whom 
their  statement  is  verified  by  oath,  in  accordance  with  the  follow- 
ing form: — 

"IT." 
Form  of  Surgeons'  Affidavit. 

, ,  18—. 

It  is  hereby  certified  that ,  a  in  the  com- 
pany of  in  the  regiment  of  the  United  States , 

is  rendered  incapable  of  performing  the  duty  of  a  soldier,  by 
reason  of  wounds  [or  other  injuries]  inflicted  [or  contracted] 
while  he  was  actually  in  the  service  aforesaid,  and  in  the  line  of 
his  duty,  viz. : 

By  satisfactory  evidence  and  accurate  examination,  it  ap- 
pears that  on  the day  of ,  in  the  year , 

being  engaged at  or  near  a  place  called  ,  in  the  State 

(or  District  or  Territory)  of  ,  he  received  (or  contracted) 

[Here  give  a  particular  description  of  the  wound,  injury  or  disease, 
and  specify  in  what  manner  it  has  affected  the  applicant  so  as  to 
produce  disability  in  the  degree  stated],  and  he  is  thereby  not  only 
incapacitated  for  military  duty,  but  in  the  opinion  of  the  under- 
signed, is  totally  [or  three-fourths,  or  one-half,  or  •  one-third,  as 
the  case  may  le~\  disabled  from  obtaining  his  subsistence  from 

manual  labor.  ( ,  Surgeon.) 

( ?  Surgeon.) 

Sworn  to  and  subscribed    before  me,  this  day  of  , 

A  D.  18 — ;    and  I  hereby  certify  that  the  said and 

are   known  to  me   as   surgeons   in  actual  practice, 

reputable  in  their  profession,  and  that  1  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

(Magistrate's  Signature.) 

FOSMS, 

The  additional  forms,  marked  respectively  F  and  G,  commenc- 
ing on  the  following  page,  should  be  strictly  observed  in  the 
cases  to  which  they  are  applicable. 

JOSEPH  H.  B^KHETT,  Commissioner  ojf  Pensions. 

PENSION  OFFICE,  June,  1866. 


NAVAL  INVALID   PENSIONS.  445 


Form  of  application  for  the  increase  of  an  invalid  pension 
under  the  first  section  of  the  supplementary  pension 
act  of  June  six,  eighteen  hundred  and  sixty-six. 

STATE  [TERRITORY  OR  DISTRICT]  OP  -  ,  ) 

County  of  -  ,  \  S8 

On  .this  -  day  of  -  ,  A.  D.  one  thousand  eight  hundred 
and  -  ,  personally  appeared  before  me,  [describing  the  official 
character  of  the  person  administering  the  oath,]  A.  B.,  aged  - 
years,  a  resident  of  -  ,  [naming  town  and  post-office  address,] 
in  the  county  of  -  ,  and  State  [Territory  or  District]  of  -  , 
who,  being  duly  sworn  according  to  law,  declares  that  he  is  a 
pensioner  of  the  United  States,  duly  enrolled  at  the  --  pension 
agency,  at  the  rate  of  -  per  month,  by  reason  of  disability  in- 
curred in  the  military  [or  naval]  service  of  the  United  States, 
[here  state  the  company  and  regiment,  if  in  the  army,  or  the  ves- 
sel and  rank,  if  in  the  navy  ;]  and  that  his  present  physical  con- 
dition is  such  that  he  believes  himself  entitled  to  receive  an  in- 
creased pension  of  the  -  [first,  second,  or  third]  grade  pro- 
vided for  in  the  first  section  of  the  supplementary  pension  act, 
approved  June  six,  one  thousand  eight  hundred  and  sixty-six. 
He  further  declares  that  he  is  disabled  in  the  following  manner, 
to  wit  :  [Here  the  declarant  will  particularly  set  forth  the  nature 
of  his  disability,  and  the  extent  to  which  he  is  incapacitated  for 
manual  labor,  or  dependent  upon  the  personal  aid  and  attendance 
of  others.] 

[Signature  of  declarant.] 

Also  personally  appeared  before  me,  at  the  time  and  place 
aforesaid,  C.  D.,  of  --  ,  and  E.  F.,  of  -  —  ,  whom  I  certify  to  be 
credible  persons,  who  being  duly  sworn  according  to  law,  declare, 
each  for  himself,  that  they  well  know  A.  B.,  who  signed  the  fore- 
going declaration  in  their  presence  ;  and  that  he  is  the  identical 
person  he  represents  himself  to  be,  and  that  he  is  disabled  sub- 
Btantially  in  the  manner  alleged  in  said  declaration.  They  fur- 
ther swear  that  they,  or  either  of  them,  have  no  interest  in  this 
claim,  either  present  or  prospective,  and  that  they  are  not  con- 
cerned, directly  or  indirectly,  in  its  prosecution. 

[Signatures  of  witnesses.'] 

Sworn  to  and  subscribed  before  me  this  -  day  of  -  , 
A.  D.  18  —  ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indiiect,  in  tho  prosecution  of  this  claim. 

^  [Signature  of  judge  or  other  officer.} 


446  GUA.EDIAN   OF  A  ICTSTOIL 

"G." 

Form  of  application  to  be  made  by  the  guardiai?  of  a  mlnoi 
child  or  children,  under  the  elevecth  section  of  the  act 
of  June  six,  eighteen  hundred  and  sixty-six. 

STATE  [TERRITORY  OR  DISTRICT]  OF  ,  ) 

County  of ,  \ss: 

On  this day  of ,  A.  D. ,  personally  appeared  be- 
fore rne, ,  [describing  the  official  character  of  the  person  ad 

ministering  the  oath,]  A.  B.,  aged years,  a  resident  of , 

[naming  town  and  post-office  address,]  in  the  county  of ,  and 

State  [Territory  or  District]  of ,  who,  being  duly  sworn  ac 

cording  to  law,  doth  on  oath  make  the  following  declaration,  as 

guardian  of  the  minor  child  [or  children]  of ,  deceased,  in 

order  to  obtain  the  benefits  of  the  provision  made  by  the  eleventh 
section  of  the  act  of  Congress  approved  June  six,  eighteen  hun- 
dred and  sixty-six,  granting  pensions  to  minor  children  under 
sixteen  years  of  age,  of  deceased  officers,  soldiers,  or  seamen,  who 
have  left  a  widow  still  surviving,  the  latter  having  abandoned 
the  care  of  said  children,  or  having  been  declared  an  unsuitable 
person  to  have  charge  of  them.  He  further  declares  that  he  is 

the  guardian  of ,  [naming  the  minor  child  or  children,  his 

ward  or  wards,]  whose  father  was ,  [here  describe  the  service 

of  the  deceased,]  in  the  war  of  1881,  and  that  the  said died 

at ,  on  the day  of ,  in  the  year  of ,  [here  state 

the  cause  of  death ;]  that  the  mother  of  the  child  [or  children] 
aforesaid  has  abandoned  the  care,  or  is  an  unsuitable  person,  by 
reason  of  immoral  conduct,  [here  state  what  specific  conduct  is 
referred  to,]  to  have  charge  of  the  said  child  [or  children ;]  and 
that  the  date  of  birth  of  his  said  ward  [or  wards]  is  as  follows: 

He  [or  she]  further  declares  that  the  parents  of  his  [or  her] 

said  ward  [or  wards]  were  married  at  ,  on  the  day 

of ,  in  the  year ,  by . 

[Guardian's  signature.] 

Also  personally  appeared  and  ,  residents  of , 

[county,  city,  or  town,]  persons  whom  I  certify  to  be  respectable 
and  entitled  to  credit,  and  who  being  by  me  duly  sworn,  say 

that  they  were  present  and  saw sign name  [or  make 

mark]  to  the  foregoing  declaration ;  and  they  further  swear  that 
they  have  every  reason  to  believe,  from  the  appearance  of  the 

applicant,  and  their  acquaintance  with  that  is  the 

identical  person  represents to  be,  and  that  they  have 

no  interest  in  the  prosecution  of  the  claim. 

[Signature  of  the  witness.} 

Sworn  to  and  subscribed  before  me,  this  day  of , 

A.  D.,  18 —  ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  judge  or  other  officer]. 


NAVAL   INVALID   PENSIONS.  44  Y 

SPECIAL  INSTRUCTIONS. 

"WTiere  the  certificates  of  the  certifying  officer  is  not  written 
on  the  same  sheet  which  contains  the  affidavit,  the  certificate 
must  be  attached  thereto  by  a  piece  of  tape  or  small  ribbon,  the 
ends  of  which  must  pass  under  the  seal  of  office  of  the  certifying 
officer. 

Interlineations  or  erasures  on  papers  prepared  for  filing  in  pen- 
sion  cases,  should  be  noted  in  the  certificate  of  the  magistrate, 
before  signing,  in  order  to  show  that  they  were  not  made  after 
the  execution  of  the  papers. 

All  the  "  discharge  papers"  received  by  the  soldier  when  dis- 
charged, should  be  sent  with  his  declaration.  The  additional  tes- 
timony that  will  be  required  to  establish  the  claim,  depends  upon 
the  character  of  these  papers. 

The  officer's  certificate,  required  by  the  rules  of  the  Pension 
Office,  may  be  given  by  any  commissioned  officer  under  whom 
the  applicant  served. 

In  case  the  applicant  lives  within  thirty  miles  of  a  surgeon  of 
the  regular  army,  his  certificate  of  disability  must  be  obtained; 
but  if  he  does  not,  then  the  affidavit  of  two  respectable  surgeons 
will  be  su^Bcient. 


NAVAL  INVALID  PENSIONS, 

I—Pensions  to  Invalids  of  the  Navy  Proper,  under  Act 
of  April  23,  1800 ;  To  Officers  and  Seamen  of  Rev- 
enue Cutters,  under  Act  of  April  18,  1814 ;  To  Priva- 
teers, under  Act  of  February  13, 1813  ;  To  Sea  Fenci- 
bles,  under  Act  of  July  28,  1813;  and  to  Invalid 
Engineers,  Firemen  and  Coal  Heavers  of  'the  Navy 
under  Act  of  Aug.  31, 1842. 

The  rate  of  pensions  to  all  except  the  last  class  is  regulated 
•ocording  to  the  pay  of  the  navy  as  it  existed  January  1,  1835,  of 
engineers,  &o.,  by  the  granting  act  of  August  11,  1848. 

Invalid  pensions  to  the  marine  corps  are  governed  by  tha 
relating  to  army  invalid  -^elisions. 


448  REGULATIONS   AND   FORMS. 

REGULATIONS  AND  FORMS  FOR  OBTAINING  NAVAL 
INVALID  PENSIONS  UNDER  THE  ACTS  STATED 
ABOVE. 

I. 
Form  of  Application  for  Navy  Invalid  Pension- 

To  the  Commissioner  of  Pensions  : 

The  memorial  of  the  undersigned ,  who  was  a in  the 

United  States  naval  service,  respectfully  showeth : 

That  your  memorialist  was  born  at ,  in  the  State  of -, 

is years  of  age, feet inches  high ; completion, 

eyes, hair. 

That  he  entered  the  United  States  naval  service  at ,  in  the 

State  of ,  on  the  day  of ,  A.  D.  1 8 — .  and  while 

attached  to  [here  give  the  name  and  class  of  vessel],  and  holding 
the  rank  of  [if  not  an  officer,  my,  after  name  of  vessel,  as  a  sea- 
man, or  ordinary  seaman,  or  boy,  or  otherwise  as  the  case  may  be], 
he  was  disabled  [Here  state  when,  where  and  how  the  disability 
was  incurred,  with  a  minute  description  of  the  injury  or  sickness, 
and  how  the  applicant  is  affected  by  it]. 

That  the  same  was  incurred  by  him  in  the  performance  of  his 
duty;  and  having  thereby  been  disqualified  for  the  naval  service, 
and  disabled  from  obtaining  his  subsistence  by  manual  labor,  he 

refers  to  the  certificate  of  surgeon ,  herewith  presented  [If  no 

certificate  was  obtained,  state  the  fact;  if  obtained  and  lest  or 
destroyed,  state  particulars  of  loss  or  destruction],  and  claims  the 

benefit  of  the  laws  granting  navy  pensions  ,  and  that  his 

pension  may  be  made    payable  at  the  navy  pension  agency 

in . 

(Claimant's  Signature.) 

Sworn  and  subscribed  to,  before ,  this day  of , 

A.  D.  18 — .  And  I  certify,  that  I  am  acquainted  with  the  said 
— : — ,  and  believe  him  to  be  the  identical  person  who  served  as 
aforesaid,  and  that  I  am  not  interested  in  his  claim  for  a  pension. 

(Signature  of  Officer.) 

This  declaration  must  be  made  before  a  court  of  record,  or 
before  a  judge  or  clerk  of  such  court.  Should  it  be  made  lefore 
i  court,  the  certificate  to  the  affidavit  just  given  will  be  omitted, 
&od  a  certificate  of  the  clerk  according  to  the  form  No.  5,  follow- 
ing fcbe  next  form  of  declaration,  should  be  substituted. 


FORMS  FOE  NAYA.L  TENSIONS.          449 

(2.) 

Affidavit  of  Witnesses. 
STATE  o? , 

County  of , 

On  this day  of ,  A.  D.  18 — ,  before  me,  the  subscriber, 

a in  and  for  said  county,  duly  authorized  to  administer  oaths, 

personally  came  ,   aged  years,  and  — — ,  aged  

years,  whom  I  know  to  be  residents  of  the  county  and  State 
aforesaid,  and  persons  whom  I  certify  to  be  respectable  and  enti- 
tled to  credit,  and  who,  being  duly  sworn,  say  that  they  were 

present  and  saw execute  the  foregoing  affidavit  by  signing 

the  foregoing  declaration,  and  making  oath  thereto  in  due  form 
of  law,  and  they  further  swear  that  they  are  acquainted  with  the 

said ,  now  present,  and  have  every  reason  to  believe  from 

the  appearance  of  the  applicant,  that  he  is  the  identical  person 
he  represents  himself  to  be ;  and  further,  that  they,  deponents, 
do  reside  in  the"  county  aforesaid,  and  have  no  interest  in  the 
claim  of  said  — : — . 

(Signature  of  Witnesses.) 
Witness  :— 

Sworn  to  and  subscribed  before  me,  this day  of ,  A. 

D.  18 — ;  and  I  certify,  that  I  am  acquainted  with  said and 

,  and  know  them  to  be  credible  and  disinterested  witnesses; 

and  1  further  certify,  that  I  am  not  interested  as  agent  or  other- 
wise in  the  prosecution  of  the  foregoing  claim. 

(Signature  of  Officer?) 

(3.) 

Clerk's  Certificate. 

STATE  OF    ,  ) 

County  of .I**' 

I, ,  clerk  of  the court,  in  and  for  the  county  and  State 

above  named,  do  certify  that  .  Esq.,  before  whom  the  fore- 
going affidavits  were  made,  and  Avho  has  thereunto  signed  his 

name,  was,  at  the  time  of  so  doing,  a in  and  for  the  county 

arid  State  above  named,  duly  commissioned  and  sworn  ;  that  all 
his  official  acts  as  such  are  entitled  to  full  faith  and  credit,  and 
that  his  signature  thereto  is  genuine. 

In  testimony  whereof,  I  have  hereunto  signed  my  name  and 

affixed  my  official  seal,  this day  of ,  18 — . 

(Cleric1  &  Signature.) 

(4.) 
Another  Form  of  Declaration  for  Naval  Invalid  Pension. 

STATE  OF    ,  j  M 

Bounty  of ,  ( 

On  this  day  of ,  18 — ,  before  the court  [or  before 


450          FOKMS  FOR  NAVAL  PENSIONS. 

me, judge,  or  clerk  of  the court],  a  court  of  record 

within  and  for  said  county,  personally  appeared ,  a  resident 

of ,  in  the  county  of ,  and  State  of  ,  aged  

years,  who  being  first  sworn,  according  to  law,  declares  that  he 

is  the  identical who  was  a in  the  naval  service  of  the 

United  States ;  that  he  enlisted  at ,  in  the  State  of  -  — ,  on 

the day  of A.  D.  18 — .     [Describe  the  service  in,  which 

the  claimant  was  engaged  ;  if  on  board  ship,  give  the  name  and  class 
of  the  vessel,  the  rank  and  capacity  in  which  he  served,  the  name 
of  the  commanding  officer,  the  engagement  or  other  line  of  duty 
or  occupation  in  which  the  disability  -was  incurred;  a  full  de- 
scription of  the  time,  place,  and  manner  of,  in  which  the  wound 
was  received,  or  disease  was  contracted;  and  its  location,  nature 
and  physical  effect.]  He  further  says  that  he  was  honorably 
discharged,  as  will  appear  by  his  certificate  of  discharge  here- 
with presented  [if  no  discharge  was  received,  state  that  fact ;  if 
lost  or  destroyed,  detail  the  circumstances],  on  account  of  said  dis- 
ability upon  the  surgeon's  certificate  for  a  pension  [if  the  dis  • 
charge  ioas  upon  a  certificate  of  ordinary  disability,  and  the 
disability  continued  or  increased,  these  facts  should  fo  stated],  and 
recommending  a  discharge,  as  may  be  found  reported  by  the  com- 
manding officer,  approving  the  same,  on  file  in  the  navy  depart- 
ment at  Washington ;  for  the  existing  degree  and  continuance  of 
which  disability  he  requests  a  medical  survey  may  be  ordered. 

He  makes  this  declaration  for  the  purpose  of  being  placed  on 
the  naval  invalid  pension  roll  of  the  United  States,  and  obtaining 
the  pension  to  which  he  may  be  entitled  under  the  act  [date  and 
title  of  the  act]  granting  pensions  to  persons  disabled  in  the  naval 
service  of  the  United  States. 

(Claimant's  /Signature.) 

I  certify  that  the  foregoing  declaration  was  sworn  to  and  sub- 
scribed before  me,  this day  of ,  A.  D.  18 —  ;  and  I  fur- 

'her  certify  that  I  am  acquainted  with  the  said ,  and  know 

[or  believe]  him  to  be  the  identical  person  who  served  as  stated 
in  the  foregoing  declaration,  and  that  I  have  no  interest  in  his 
claim  for  a  pension. 

r       -,    Witness  my  signature,  and  the  se&l  of  the court  of 

L  '    'j       ,  county  — — . 

(Cleric  of  said  Court.} 

Should  the  declaration  be  made  before  a  judge,  the  clerk's  cer- 
tificate of  his  official  character  (under  seal)  must  be  attached. 

Should  the  declaration  be  made  before  a  court  of  record,  tho 
clerk's  certificate  may  be  as  follows : 


FORMS   FOB   NAVAL  PENSIONS,  451 

(5-) 

Clerk's  Certificate. 
STA.TK  OF   -  ,  ) 
County  of  -  ,  $   s 

I,  -  -,  clerk  of  the  -  court  within  and  for  said  county, 
hereby  certify  that  the  foregoing  declaration  was  made  under 
oath,  and  subscribed  by  -  ,  before  said  court,  on  the  -  day 
of  -  ,  A.  D.  18—. 

FL  s  1    ^R  *es^mony  whereof,  I  hereto  set  my  hand,  and  affix 
the  seal  of  our  said  court,  this  -  day  of  -  ,  A.f 
D.  18—. 

(  Clerk'  s  Signature.) 

The  affidavit  of  two  witnesses  (Form  No.  2)  should  follow  this, 
Should  the  affidavit  of  the  witnesses  be  made  before  a  justice  of 
the  peace,  the  clerk's  certificate  to  the  official  character  of  such 
justice  (under  seal  of  the  court)  must  also  be  appended. 

(6.) 
Surgeon's  Certificate  of  Disability, 

It  is  hereby  certified  that  --  ,  a  --  in  the  United  States 
ship  of  war  -  ,  commanded  by  --  ,  is  rendered  incapable  of 
performing  the  duty  of  a  --  ,  by  reason  of  wounds  [or  other  in- 
juries, or  sickness]  received  [or  contracted]  while  he  was  actually 
in  the  service  aforesaid,  and  in  the  line  of  his  duty,  viz: 

By  satisfactory  evidence  and  accurate  examination,  it  appears 
that  on  the  -  day  of  -  ,  in  the  year  -  ,  being  engaged 
[Here  state  particularly  the  duty  in  which  the  applicant  was  en 
gaged;  the  harbor,  navy-yard,  river,  bay  or  ocean,  where  the  ship 
was,  and  the  time  when  the  injury  was  received  ;  and  give  a  par- 
ticular description  of  the  wound,  injury,  or  disease,  and  specify  in 
what  manner  it  has  affected  the  applicant  so  as  to  produce  disa- 
bility in  the  degree  stated]  ;  and  he  is  thereby  not  only  incapaci- 
tated for  duty  aforesaid,  but,  in  the  opinion  of  the  undersigned,  13 
totally  [or  three-fourths,  or  one-half,  or  one-third,  or  one-fourth. 
as  the  degree  of  disability  may  be]  disabled  from  obtaining  his 
subsistence  by  manual  labor. 

(  --  Surgeon.} 

(Date.}  (  --  Assistant  Surgeon.) 


Certificate  of  Commanding  Officer  in  an  Invalid  Case. 
UNITED  STATES  Snip  -  ,  (Date.} 

I  certify  that  --  ,  who  was  a  --  ,  on  board  this  ship,  while 
under  my  command,  and  while  engaged  in  his  dutgr  as  a  - 


452  CEETIFICATES. 

was,  in  consequence  of  the  following  circumstances,  so  injured  as 
to  be  prevented  from  any  further  performance  of  his  duty  as  a 
,  and  I  therefore  deemed  it  proper  that  he  should  be  dis- 
charged from  the  naval  service  of  the  United  States.  He  was 

accordingly  discharged  on  the day  of ,  18 — . 

While  he  was  [Here  state,  particularly,  all  the  facts  as  to  tht 
origin  of  the  applicant's  disability;  the  duty  in  which  he  icas  en- 
gaged; the  particular  circumstances  which  led  to  the  injury ;  the 
harbor,  navy-yard^  river,  bay,  or  ocean,  where  the  ship  was,  and  ih& 
*•  time  when  the  injury  was  received.] 

,  Commander 

U.  S.  Ship . 

(8.) 
Certificate  of  Ordinary  Disability. 

I  hereby  -certify  that ,  a  in  the  United  States 

wvy, attached  to  [if  at  a  navy-yard,  ship  or  hospital,  in- 
sert name  and  place],  and  holding  the  rank  above  mentioned,  as 
Bet  forth  in  the  record  of  his  case,  of  which  the  following  is  a 
<copy :  [Here  insert  recoi'd  made  lyy  senior  medical  officer.'}  And, 
therefore,  in  the  opinion  of  the  undersigned,  the  interests  of  the 
service  require  that  he  should  be  discharged. 

,  Surgeon. 

The  above-named ,  was  born  at ,  in  the  State  of 

;  is years  of  age ; feet  and inches  high ; 

complexion ; eyes ;  hair.  He  entered  the  United  States 

naval  service  at  ,  on  the  day  of ,  18 — ;  and 

discharged  [here  insert  whether  final,  or  to  hospital  or  ship,  for 
vassage  home,  in  which  cases  the  discharge  must  ~be  furnished  by  the 
fourth  auditor]. 

,  Paymaster  [formerly  Purser]. 

Approved :  ,  Commanding  U.  S.  Ship . 

Discharged  from  the  United  States  naval  service,  on  the 

day  of— ,  18—. 

,  Fourth  Auditor. 

(9.) 
Certificate  for  Pension. 

I  hereby  certify  that  ,  a  in  the  United  States 

navy, while  attached  to  [if  a  navy-yard,  sJtip  or  hospital, 

mention  name  and  place],  and  holding  the  rank  above-mentioned, 
was  disabled  by  [wound  received,  or  casualty  occurring,  or  di»- 


PKIVATEER   PENSIONS.  453 

ease  contracted],  in  the  United  States  naval  service,  and  in  the 
line  of  his  duty,  as  set  forth  in  the  record  of  his  case,  of  which 
the  following  is  a  copy,  to  wit:  [Copy  of  record  made  by  senior 
medical  officer.]  He  is  thereby  not  only  incapacitated  for  duty, 
as  aforesaid,  but,  in  the  opinion  of  the  undersigned,  is  totally  [or 
three-fourths,  or  one-half,  or  other  degree  of  disability,  as  the  case 
may  ~be]  disabled  from  obtaining  a  subsistence  by  manual  labor. 

,  Surgeon. 

The  above-named  —    — ,  was  born  at ,  in  the  State  of 

,  is  years  of  age ; feet inches  high ;  

complexion ;  eyes ;  -    -  hair.  He  entered  the  United  States 

naval  service  at ,  on  the day  of ,  A.  D.  18 — ;  and 

discharged  [insert  whether  to  hospital,  to  ship  for  passage 

home,  or  finally  ;  if  for  passage  home  or  hospital,  the  date  of  final 
discharge  must  be  furnished  by  the  fourth  auditor]. 

,  Paymaster  [formerly  Purser]. 


Approved :  ,   Commanding  U.  S.  Shi 


up 
Yai 


[Or  Navy  Yard,  etc.] 

Finally  discharged  from  the  United  States  naval  service  on 

the day  of ,  18—. 

.  Fourth  Auditor. 


PRIVATEER  PENSIONS. 

Invalids  who  are  wounded  or  disabled  on  board  private  armed 
vessels  during  the  last  war  with  Great  Britain,  were,  by  act  of 
May  31,  1854,  allowed  pensions  from  the  date  of  their  injury  or 
disability  (if  received  in  the  line  of  duty),  to  June  30,  1854. 

The  evidence  of  their  being  entitled  to  the  benefits  of  the  law 
which  was  required  by  the  Pension  Office  was : 

1.  A  sworn  declaration  or  memorial,  setting  forth  the  vessel  to 
which  the  pensioner  belonged,  his  rank  or  station,  when  and  in 
what  manner  disabled,  monthly  rate  of  pension,  and  date  to 
which  last  paid. 

2.  Evidence  of  identity,  either  by  affidavit  of  two  credible 
witnesses,  or  the  certificate  of  a  Justice  of  the  Peace. 

The  above  evidence  to  be  authenticated  by  the  certificate, 
under  seal,  of  the  proper  officer,  showing  the  official  character 
of  the  Justice  of  the  Peace;  and  to  be  forwarded,  together  with 
the  original  pension  certificate,  to  the  Pension  Office, 


454  PRIVATEER'S  INVALID  PENSIONS. 

(10.) 
Declaration  for  obtaining  a  Privateer's  Invalid  Pension- 

STATE  OF ) 

County  of \  ss' 

On  this day  of  ,  A.  D.  18 — ,  personally  appeared 

before  the court  [or  before  me ,  judge  or  clerk   of 

the  —      —  court],  a  court  of  record  within  and  for  said  county, 

• ,  a  resident  of ,  in  the  State  of ,  aged  

years,  who,  being  first  sworn  according  to  law,  declares,  that  he 

is  the  identical  ,  who  was  a  on  board  a  private 

armed  vessel  of  the  United  States,  in  the  war  between  the  United 
States  and  Great  Britain ;  that  he  enlisted  [or  volunteered]  on 

the day  of ,  in  the  year ,  at ,  in  the  State 

of ,  to  serve  on  board  the .  [State  name  and  class  of  private 

armed  vessel,  oil  hoard  which  applicant  served ;  the  officer  in  com- 
mand ;  the  engagement  or  other  occupation  in  tlie  line  of  duty  in 
which  the  injury  was  received,  or  the  disease  contracted;  the  time 
when,  and  manner  how,  received  or  contracted,  and  nature,  continu- 
ance, and  location  of  the  wound  or  disease  ;  with  proper  reference  to 
the  transcript  from  tlie  journal  of  the  commanding  officer,  communi- 
cated to  the  Secretary  of  the  Navy  under  the  3d  and  4tth  sections  of 
the  act  of  February  13,  1813.] 

He  makes  this  declaration  for  the  purpose  of  being  placed  on 
the  invalid  privateer  pension  roll  of  the  United  States,  and  of 
obtaining  the  pension  to  which  he  may  be  entitled  under  the  act 
of  February  13,  1813. 

[  Claimants  Signature.'] 

I  certify  that  the  foregoing  declaration  was  sworn  to  before 
me,  this day  of  ,  A.  D.  18 — ;  and  that  I  am  ac- 
quainted with  the  said ,  and  know  [or  believe]  him  to  be 

the  identical  person  who  served  as  stated  in  the  foregoing  de- 
claration, and  that  I  am  not  interested  in  the  above  claim. 

-.       Witness  my  hand,  and  the  seal  of  the court  of 

county.  ,  Ckrk  of  said  Court. 

Should  the  declaration  be  made  before  a  court,  the  certificate 
of  the  clerk  should  be  similar  to  Form  No.  5  on  a  preceding  page. 
Should  it  be  made  before  a  judge,  his  official  character  must  be 
certified  by  the  clerk  under  seal.  The  affidavit  of  two  witnesses, 
according  to  Form  No.  2,  should  follow,  and  if  this  affidavit  is 
made  before  a  Justice  of  the  Peace,  the  certificate  of  the  clerk, 


NAVAL   INVALID   PENSIONS.  455 

under  the  proper  seal  of  the  proper  court  should  be  appended. 
(See  Form  No.  3.) 

NAVAL  INVALID  PENSIONS,  UNDEB  ACT  OF  JULY 
14,  1862. 

"A." 

Form  of  Declaration  for  a  Navy  Invalid  Pension. 

STATE  OP  £  sg 

County  of ) 

On  this day  of ,  A.  D.  one  thousand  eight  hundred 

and  ,  personally  appeared  before  [here  state  the 

official  character  of  the  person  administering  the  oath},  within  and 

for  the  county  and  State  aforesaid, ,  aged  years,  a 

resident  of ,  in  the  State  of ,  who,  being  duly  sworn 

according  to  law,  declares  that  he  is  the  identical ,  who 

enlisted  in  the  service  of  the  United  States,  at ,  on  the 

day  of  ,  in  the  year ,  as  a  ,  and  was 

honorably  discharged  on  the day  of ,  in  the  year 

j  at ;   that  his  personal  description  is  as  follows ; 

[here  state  height,  complexion,  color  of  hair,  occupation,  etc.],  that 
while  in  the  service  aforesaid,  and  in  the  line  of  his  duty,  he  re- 
ceived the  following  wound  [or  other  disability  as  the  case  may  ~be : 
here  give  a  particular  and  minute  account  of  the  wound  or  other 
injury,  and  state  how,  when,  and  where  it  occurred,  where  the  appli- 
cant has  resided  since  leaving  tlie  service,  and  what  has  been  his  oc- 
cupation]. He  makes  this  application  in  order  to  secure  the 
benefits  of  the  act  granting  pensions,  approved  July  14,  1862. 

[Signature  of  Claimant^ 

Also  personally  appeared and  ,  residents  of  [county, 

city,  or  town],  persons  whom  I  certify  to  be  respectable  and  en- 
titled to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they 

were  present  and  saw sign  his  name  [or  make  his  mark] 

to  the  foregoing  declaration ;  and  they  further  swear  that  they 
have  every  reason  to  believe,  from  the  appearance  of  the  appli- 
cant, and  their  acquaintance  with  him,  that  he  is  the  identical 
person  he  represents  himself  to  be ;  and  they  further  state  that 
they  have  no  interest  in  the  prosecution  of  this  claim. 

[Signatures  of  Witnesses.} 


Sworn  to,  and  subscribed  before  me  this day  of 


A.  D.  18 — ;    and  I  hereby  certify  that  I  have  no  interest  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other  Office)*.] 


456  NAVAL   INVALID   PENSIONS. 

Applicant's  Post-office  address : 

This  declaration,  like  all  declarations  of  applicants  for  pen- 
sions, must  be  made  before  a  court  of  record,  or  a  judge  or 
clerk  of  such  court.  In  any  case,  the  clerk's  certificate  and  seal 
must  be  attached.  To  this  must  be  added  the  affidavit  of  two 
flatnesses,  as  in  Form  2,  on  a  preceding  page,  which  may  be 
sworn  to  before  a  Justice  of  the  Peace,  or.  other  officer  authorized 
to  administer  oaths  generally,  but  the  judicial  character  of  such 
officer  must  be  certified  by  the  clerk  of  a  court  of  record  with 
seal,  as  in  Form  3.  There  will  also  be  required  the  certificate  of 
the  surgeon  of  the  ship  to  which,  the  applicant  belonged,  but  if 
this  cannot  be  obtained,  from  absence  or  other  causes,  then  the 
affidavit  of  two  civil  surgeons  reputable  in  their  profession,  ac- 
cording to  the  following  form,  will  answer : 

"F." 
Form  of  Surgeon's  Affidavit. 

—  [Date.1 

It  is  hereby  certified  that  ,  who  was  a  in  the 

naval  service  of  the  United  States  [here  &-ate  the  vessel  or  station 
on  which  applicant  was  engaged  and  his  particular  service],  is  suf- 
fering from  [here  give  a  particular  descrsption  ofttie  wound,  in- 
jury, or  disease,  and  specify  in  what  manner  it  has  affected  the  ap- 
plicant so  as  to  produce  disability  in  the  degree  stated],  and  he  is 
thereby  not  only  incapacitated  for  naval  duty,  but,  in  the  opinion 
of  the  undersigned,  is  totally  [or  three-fourths,  one-half,  or  one- 
third,  as  the  case  may  be]  disabled  from  obtaining  his  subsistence 
from  manual  labor.  And  we  further  certify  that,  upon  satisfac- 
tory evidence,  and  after  accurate  examination,  we  believe  the 
said  disability  was  incurred  in  the  naval  .service  of  the  United 
States,  and  in  the  line  of  duty. 

,  Surgeon. 

• ,  Surgeon. 

Sworn  to,  and  subscribed  before  me,  this  -  - —  day  of 


RJ  IT  V/J.J..I.        LWj      C*XJ.Vi-       DtULSJVWAJkft^VVl        UV/AV/A  ^/     UMS«      KAA-lfcJ V*.t*Jf       WJL    ^^  j 

A.   D.   18 — ;     and  I  hereby  certify  that  tht  said    and 

are  known  to  me  as  surgeons  in  actual  practice,  reputable 

in  thftir  profession,  and  that  I  have  no  interest,  direct  or  indirect, 
in  the  prosecution  of  this  claim. 

[Magistrate's  Signature.] 


GRATUITOUS   PE2TSIONS.  457 

GRATUITOUS  PENSIONS 
I.  To  Widows  and  Orphans  of  Officers,  Soldiers,  etc. 

As  tliere  are  very  few,  if  any,  cases  where  a  pension  is  yet  to 
DC  granted  to  the  widows  or  orphan  children  of  revolutionary 
soldiers,  we  do  not  deem  it  necessary  to  give  any  forms  or  in- 
structions for  these. 

By  the  acts  of  Congress  of  April  16,  1816,  July  21, 1848,  Feb- 
ruary 22,  1849,  June  3,  1858,  and  the  joint  resolution  of  Septem- 
ber 28,  1850,  provision  is  made  for  the  widows  and  orphans  of 
soldiers  of  the  regular  army,  and  to  some  extent  to  those  of 
volunteers  and  militia  prior  to  the  war  of  1881,  and  the  acts  of 
April  10,  1812,  March. 3,  1817,  April  20,  1818,  March  19,  1836, 
February  3,  1853,  and  August  5,  1854,  supply  all  deficiencies, 
and  place  the  widows  and  orphans  of  volunteers  and  militia  on 
the  same  footing  as  those  of  regulars. 

The  following  are  in  substance  the  regulations  of  the  Pension 
Office  for  obtaining  pensions  for  widows  and  orphans  of  soldiers 
in  wars  since  the  revolution,  <md  for  all  claimants  prior  to  the 
passage  of  the  act  of  July  14,  1862 : 

1.  The  declaration  of  the  widow,  or  of  the  guardian  duly  ap- 
pointed and  qualified,  in  the  case  of  a  minor  child  or  children, 
must  be  made,  under  oath  or  affirmation,  before  a  court  of  re- 
cord (or  before  a  judge  or  clerk  of  such  court,  unless  satisfac- 
tory reason  is  shown  for  making  such  affidavit  before  some  other 
magistrate  having  authority  to  administer  oaths),  according  to 
the  forms  which  follow  these  instructions.    In  all  cases,  the 
official  character  of  the  magistrate  mus4;  be  duly  certified  by  the 

"proper  officer,  under  his  seal  of  office. 

2.  If  the  applicant  be  a  widow,  she  must  prove  the  legality  of 
her  marriage,  the  death  of  her  husband,  and  that  she  is  still  a 
widow.     She  must  also  furnish  the  names  and  ages  of  her  chil- 
dren under  sixteen  years  of  age  at  her  husband's  decease,  and 
the  place  of  their  residence.     On  a  subsequent  marriage  her 
pension  will  cease,  and  the  minor  child  or  children  of  the  de- 
ceased officer  or  soldier,  if  any  be  living,  under  the  age  of  six- 
teen years,  will  be  entitled  to  the  same  from  the  date  of  sucb 


458  OKATTJITOUS   PENSIONS. 

marriage.  By  the  act  of  August  5,  1854,  widows  of  deceased 
officers  and  soldiers  who  had  married  again  are  not  precluded 
from  claiming  a  pension,  provided  they  are  widows  (the  second 
husband  having  died)  at  the  time  of  making  the  claim. 

3.  If  application  be  made  in  behalf  of  a  minor  child  of  the 
deceased  officer  or  soldier,  the  marriage  of  his  parents  must  be 
proved,  the  death  of  his  father,  the  death  or  re-marriage  of  hia 
mother,  and  that  he  is  still  a  minor  under  sixteen  years  of  age.    , 

4.  If  the  deceased  officer  or  soldier  was  a  pensioner,  that  fact 
should  be  stated,  as  well  as  the  act  under  which  he  was  pen- 
sioned, and  the  agency  at  which  he  was  paid.     In  such  case  a 
reference  to  the  evidence  filed  in  his  application  v»  ill  be  suffi- 
cient to  prove  the  service. 

5.  Proof  of  the  service  of  the   deceased   officer  or  soldier 
must  be  had  from  the  muster  rolls  or  other  documentary  evi- 
dence in  custody  of  the  executive  departments  (which  the 
claimant  is  not  required  to  produce)  or  else  from  the  testimony 
of  commissioned  officers,  or  the  affidavits  of  persons  of  known 
respectability.     It  must  also  be  clearly  shown  in  what  company 
and  regiment  or  corps  the  deceased  served,  and  in  what  grade. 

6.  Applicants  must  furnish  the  best  proof  the  nature  of  the 
case  will  allow,  not  only  as  to  the  place  and  time  of  the  death 
of  the  deceased  officer  or  soldier,  but  also  as  to  the  complaint 
of  which  he  died,  and  the  supposed  cause  of  his  disease. 

7.  The  legality  of  the  marriage  may  be  ascertained  by  the 
certificate  of  the  clergyman  who  joined  them  in  wedlock,  or  by 
the  testimony  of  respectable  persons  having  knowledge  of  the 
fact,  in  default  of  record  evidence.     The  ages  and  number  of 
children  may  be  ascertained  by  the  deposition  of  the  mother, 
accompanied  by  the  testimony  of  respectable  persons  havingi 
knowledge  of  them,  or  by  transcript  from  the  parish  registers, 
duly  authenticated.    The  widows  must  show  at  the  time  of  re- 
ceiving each  and  every  payment  of  her  pension  that  she  has  not 
again  married.     This  may  be  done  by  the  affidavits  of  respecta- 
ble persons  having  knowledge  of  the  case. 

8.  Under  the  provisions  of  the  1st  section  of  the  act  of  Feb- 
ruary 3,  1853,  all  widows  and  orphans  who  were  granted  and 
allowed  fhe  years'  half-pay  by  the  provisions  of  the  act  of  July 


GRATUITOUS   PENSIONS.  459 

4,  1836,  extended  by  the  act  of  July  21,  1848,  and  further  ex- 
tended  by  the  act  of  February  22,  1849,  are  entitled  to  a  con- 
tinuance of  said  half-pay  for  a  farther  period  of  five  years,  to 
commence  at  the  expiration  of  the  half-pay  provided  for  by  the 
aforesaid  acts,  under  the  restrictions  and  limitations  specified 
therein. 

9.  Under  the  last  proviso  of  the  first  section  of  the  act  of 
February  3,  1853,  the  widows  of  officers,  non-commissioned  offi 
cers,  musicians  and  privates  of  the  regulars,  militia  and  volun- 
teers, of  the  war  of  1812,  and  also  in  the  various  Indian  wars 
since  1790,  who  remained  to  the  date  of  their  death  in  the  service 
of  the  United  States,  or  who,  having  received  an  honorable  dis- 
charge, and  having  died  since  their  return  to  their  usual  place 
of  residence  of  wounds  received,  or  from  disease  contracted 
while  in  the  line  of  their  duty,  are  entitled  to  receive  half  the 
monthly  pay  to  which  the  deceased  was  entitled  at  the  time  of 
his  death,  or  at  the  time  of  receiving  such  wounds,  or  contract- 
ing such  disease,  for  and  during  the  term  of  five  3rears,  to  com- 
mence at  the  time  of  completing  the  evidence  in  said  case. 

10.  Agents  must  in  all  cases  have  proper  authority  from  the 
claimants  on  whose  behalf  they  appear.     No  power  of  attorney 
will  be  recognized  as  sufficient  unless  signed  in  the  presence  of 
two  witnesses,  and  acknowledged  before  a  duly  qualified  officer, 
whose  authority  is  certified  under  seal. 

Declaration  of  Widow :  applying  in  general  to  all  the  aete 
specified  above. 

STATE  OF  ) 

County  of \  ss' 

On  this day  of ,  A.  D.  18 — ,  personally  appeared  oe- 

fbre  me  the ,  of  the , ,  a  resident  of  the  county  of 

,  and  State  of  — — ,  aged years,  who,  being  first  duly 

Bworn  according  to  law,  doth,  on  her  oath,  make  the  following 
declaration,  in  order  to  obtain  the  benefits  of  the  provision  made 

oy  the  act  of  Congress  approved ;  that  she  is  the  widow 

of ,  who  was  a  [here  insert  the  rank  the  husband  held,  and 

specify  the  service  performed], 

She  further  declares  that  she  was  married  to  the  said on 

the day  of ,  in  the  year • ;  that  her  husband,  the  afore- 
said   ,  died  on  the  — —  day  of — —  [should  there  be  children 


460  GRATUITOUS    PENSIONS. 

insert  here — that  there  wwe  horn  to  them,  during  their  said  mar- 
riage, the  following  children,  who  were  under  sixteen  years  of  age  at 

the  time  of  the  death  of  said  decedent,  viz. :  ,  horn ,  18 — ; 

,  horn ,  18 — ;  etc.,  and  that  these  are  still  living,  and  at  the 

following  places :  here  give  the  places  of  residence  of  the  children],  and 
that  she  has  remained  a  widow  ever  since  that  period  [if  the 
widow  was  subsequently  married,  the  name  of  her  second  husband, 
the  date  of  the  marriage,  and,  death  of  second  husband,  must  he  stated 
in  the  declaration  and  proved],  as  will  more  fulty  appear  by  refer- 
ence to  the  proof  hereto  annexed. 

[Declarant's  Signature.] 

Sworn  to  and  subscribed  on  the  day  and  year  first  above  writ 

ten,  before . 

[  Officer's  Signature.'] 

Declaration  in  order  to  obtain  the  benefits  of  the  Act  of 
July,  1848, 

STATE  OP  

County  of 

On  this day  of ,  personally  appeared  before  the 

of  the  , ,  resident  of ,  in  the  county  of ,  and 

State  of ,  aged years,  who,  being  duly  sworn  according 

to  law,  doth,  on  her  oath,  make  the  following  declaration,  in  order 
to  obtain  the  benefit  of  the  provision  made  by  the  law  of  the 
United  States,  passed  on  the  21st  of  July,  1848 :  That  she  is  the 

widow  of ,  who  was  a in  the regiment  of 

United  States ;  that  she  was  married  to  the  said , 

on  the day  of ,  in  the  year  eighteen  hundred  and 

;  that  her  husband,  the  aforesaid  ,  died  on  the 

day  of ,  at ,  in  ,  in  consequence  of 

';  and  that  she  has  remained  a  widow  ever  since  that 

period,  as  will  more  fully  appear  by  reference  to  the  proofs 
hereto  annexed. 

[Declarant's  Signature.] 

Sworn  to  and  subscribed  on  the  day  and  year  above  written, 

before . 

[ Officer's  Signature.'] 

"A." 

Declaration  in  order  to  obtain  the  Renewal  of  the  Half-Pay 
'  provided  for  in  the  first  section  of  the  Act  of  February 
3. 1853. 

STATE  OF  - 


County  of  -    -  f  SS' 
On  this day  of ,  A.  D. ,  personally  appeared 


GRATUITOUS    TENSIONS.  461 

before  rae,  a ,  within  and  for  the  county  and  State  afore- 
said,   ,  a  resident  of  eaid  county,  aged years,  who 

being  first  duly  sworn  according  to  law,  doth,  on  her  oath,  make 
the  following  declaration  in  order  to  obtain  the  benefits  of  the 
provision  made  by  the  act  of  Congress,  passed  the  3d  February, 
1853,  granting  the  renewal  of  half-pay  to  certain  widows  and 
orphans  :  That  she  is  the  widow  of ,  who  was  a  [Here  in- 
sert the  rank  the  husband  held,  the  company  and  regiment  in  which 
he  served,  and  the  monthly  amount  of  half -pay  which  she  received 
under  the  first  section  of  the  Act  of  July  4,  1836,  or  July  21,  1848.] 
She  further  declares  that  she  is  still  a  widow. 

[Declarant's  Signature.] 

Sworn  to  and  subscribed  before  me,  the  day  and  year  above 
written. 

[Officer's  Signature.] 

This  declaration  may  be  made  before  any  officer  authorized  t.< 
administer  oaths,  generally ;  whose  official  character  must  t  i 
shown  by  the  certificate  and  seal  of  the  clerk  of  the  propc  ••• 
court. 

The  affidavit  of  two  disinterested  persons,  that  they  are  ac- 
quainted with  the  widow ;  that  she  is  the  identical  person  ta 
whom  half-pay  for  five  years  was  granted  as  stated  in  her  decla- 
ration ;  and  that  she  is  a  widow,  must  accompany  the  foregoing 
declaration. 

"B." 

Declaration  in  order  to  obtain  the  Benefits  of  the  last  pro- 
viso of  the  first  section  of  the  Act  passed  February  3, 
1853. 

STATE  OF  ) 

County  of f  ss 

On  this day  of ,  18—,  before  the court  [or 

before ,  judge,  or  ,  clerk  of  the  court]  a 

court  of  record,  within  and  for  the  county  and  State  aforesaid, 

personally  appeared — ,  a  resident  of   said  county,  aged 

years,  who  being  first  duly  sworn  according  to  law,  doth, 

on  her  oath,  make  the  following  declaration  in  order  wto  obtain 
the  benefit  of  the  provision  made  by  the  law  of  the  United 
States,  passed  the  3d  day  of  February,  1853 :  That  she  is  the 
widow  of ,  who  was  a in  company ,  in  the regi- 
ment of  regulars  [or  militia,  or  volunteers — if  militia  or  volun- 
teers, -mention  ilie  war  in  which  service  wa*  performed].  That  she 


462  GRATUITOUS   PENSIONS. 

was  married  to  the  said on  the day  of — ,  in 

the  year ;  that  her  husband,  the  aforesaid  —     — ,  died  on 

the  -        -  day  of  -      — ,  18 — ,  at  -    ,  in  consequence  of 

,  and  that   she  has  remained  a  widow  ever  since  that 

period,  as  will  more  fully  appear  by  reference  to  the  proofs 
hereto  annexed. 

[Declarant's  Signature.] 

Sworn  to  and  subscribed  before  me  the  day  and  year  above 
written. 

[Officer's  Signature.} 

Form  of  Declaration  for  Guardian  of  Minor  Children  in 
order  to  obtain  Half-Pay, 

STATE  OF  ) 

County  of C 

On  this  day  of ,  A.  D.  18 — ,  personally  appeared 

before  the court  of  the [or  before  a  judge  or  clerk 

of  the  court]  a  court  of  record, ,  a  resident  of 

,  in  the  county  of ,  and  State  of ,  aged 

years,  who  being  first  duly  sworn  according  to  law,  doth,  on  oath, 
make  the  following  declaration,  as  guardian  of  the  minor  child 

of ,  deceased,  in  order  to  obtain  the  benefits  of  the 

provision  made  by  the  act  of  Congress,  approved ,  granting 

half-pay  to  minor  children  (under  16  years  of  age)  of  deceased 
officers  and  soldiers:  That  he  is  the  guardian  of  [naming  the 
minor  child  or  children,  his  ward  or  wards],  whose  father  was  a 
[naming  the  rank  of  such  deceased  officer  or  soldier,  and  reciting  his 

service] ;  that  the  parents  of  his  said  ward —  were  married  at , 

on  the  day  of ,  18 — ,  by ;  that  the  said  [the 

father]  died  at ,  on  the  day  of ,  in  the  year 

;    that  the  mother  of  the  child aforesaid,  died  [or 

again  married,  being  now  the  wife  of ],  on  the day 

of ,  in  the  year ;  and  that  the  date —  of  the  birth — 

of  his  said  ward as  follows ; . 

[  Guardian's  Signature.] 

Sworn  to  and  subscribed  on  the  day  and  year  first  above  writ 
ten,  before 

[  Officer's  Signature^ 

An  authenticated  copy  of  the  letters  of  guardianship  must 
accompany  this  declaration,  together  with  proof  of  marriage, 
of  death,  of  the  children  being  those  of  the  deceased  officer  or 
soldier,  etc.,  as  in  applications  by  widows.  We  have  already 


GRATUITOUS   PENSIONS.  463 

^iven  the  forms  for  preparing  this  proof.  If  the  deceased  offi- 
cer or  soldier  had  himself  received  an  invalid's  pension,  or  if  his 
widow  had  received  a  widow's  pension,  it  will  be  sufficient  to 
sefer  to  the  proofs  already  on  file  in  the  Pension  Office,  in  regard 
to  his  service  or  death. 

II.  Pensions  to  Widows  and  Orphans  under  Pension  Act 
of  July  14, 18o2. 

No  pensions  are  granted  to  widows  or  orphans  by  this  act 
except  to  those  who  were  connected  with  deceased  officers  01 
soldiers,  or  naval  officers,  sailors,  or  marines  of  the  war  of  1861. 

The  proofs  of  the  legality  of  the  marriage  of  the  widow,  and 
of  the  fact  that  she  is  still  a  widow,  are  requisite  precisely  as  in 
the  former  cases  of  widows'  pensions.  Her  pension  ceases  on 
her  re-marriage,  or  if  there  be  children  of  the  deceased  officer  or 
soldier  under  sixteen  years  of  age,  reverts  to  them. 

The  proofs  of  marriage  of  parents,  of  the  age  of  claimants, 
and  of  guardianship,  are  also  required  in  the  case  of  minor 
children  as  in  the  pensions  under  preceding  acts. 

Applicants  of  either  of  these  classes,  who  have  in  any  manner 
aided  or  abetted  the  rebellion  against  the  United  States  govern- 
ment, are  not  entitled  to  the  benefits  of  this  act. 

"B." 

Form  of  Declaration  for  obtaining  a  Widow's  Army 
Pension. 

STATE  OF  - 


County  of \  SS' 

On  this  day  of ,  A.  D.  18—,  personally  appeared 

before  the court  of [or  before  me,  a of  said  court }f 

a  court  of  record, ,  a  resident  of ,  in  the  county  of 

,  and  State  of ,  aged  years,  who,  being  first 

duly  sworn  according  to  law,  doth,  on  her  oath,  make  the  fol- 
lowing declaration,  in  order  to  obtain  the  benefit  of  the  pro- 
vision made  by  the  act  of  Congress  approved  July  14,  1862: 

That  she  is  the  widow  of ,  who  was  a  —       —  in  company" 

,  commanded  by ,  in  the regiment  of  -  ,  in 

the  war  of  1861,  who  [here  specify  the  time,  place  and  cause  of 
death}.  She  further  declares  that  she  was  married  to  the  said 
on  the day  of ,  in  the  year ;  that 


464  GRATUITOUS   PENSIONS. 

her  husband,  the  aforesaid ,  died  on  the  day  above  mentioned, 

and  that  she  has  remained  a  widow  ever  since  that  period  [or  if 
she  has  re-married  and  again  become  a  widow,  the  fact  must  fa 
stated],  as  will  more  fully  appear  by  reference  to  the  proofs  here- 
to annexed.  [If  the  declarant  has  any  children  by  the  deceased 
officer  or  soldier,  it  must  be  added  here — that  there  were  born 
to  her  and  her  said  husband  during  the  existence  of  said  mar- 
riage the  following  children,  who  are  now  under  sixteen  years  of 
age,  viz  :  Here  give  names,  date  of  birth  and  residence  of  all  th& 
children  under  sixteen  years  of  age.]  She  also  declares  that  she 
has  not  in  any  manner  been  engaged  in,  nor  aided  or  abetted,  the 
rebellion  in  the  United  States. 

[Declarant's  Signature.] 

Also  personally  appeared and ,  residents  of  [county,  city 

or  town,]  persons  whom  I  testify  to  be  respectable  and  entitled 
to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they  wer<j 

present  and  saw sign  her  name  [or  make  her  mark],  to  the 

foregoing  declaration;  and  they  further  swear  that  they  have 
every  reason  to  believe,  from  the  appearance  of  the  applicant, 
and  their  acquaintance  with  her,  that  she  is  the  identical  person 
ghe  represents  herself  to  be ;  and  that  they  have  no  interest  in 
the  prosecution  of  this  claim. 

[Signatures  of  Witnesses.] 

Sworn  to  and  subscribed  before  me,  this  day  of , 

A.D.  18 — ;  and  Thereby  certify  that  I  have  no  interest,  director 
indirect,  in  the  prosecution  of  this  claim. 

Applicant's  Post-office  address : 

[Signature  of  Judge  or  other  Officer.] 

The  certificate  of  the  clerk  of  the  court  to  the  official  charac- 
ter of  the  judge,  or  other  officer  of  the  court,  before  whom  the 
declaration  is  made,  with  the  seal  of  the  court,  must  be  append- 
ed to  this  declaration.  See  Form  5. 

If  the  declarant  employs  an  agent  to  prosecute  her  claim  she 
nust  give  him  a-  power  of  attorney  according  to  the  form  already 
given. 

"C." 

Form  of  Declaration  of  Guardian  of  Minor  Children  in 
order  to  obtain  Army  Pensions. 

STATE  OF \ 


County  of f  8S' 

On  this daj  of ,  A,  D,  18—,  personally  appeared  before 


WIDOWS  AND  ORPEJUTS  465 

the of  the ,  in  the  county  and  State  aforesaid, a 

resident  of ,  in  the  county  of ,  and  Btate  of ,  aged 

years,  who,  being  first  duly  sworn  according  to  law,  doth 

on  oath  make  the  following  declaration,  as  guardian  of  the  minor 

child —  of ,  deceased,  in  order  to  obtain  the  benefits  of  the 

provision  made  by  the  act  of  Congress  approved  July  14,  180*2, 
granting  pensions  to  minor  children,  under  sixteen  years  of  age, 

of  deceased  officers  and  soldiers  ;  that  he  .lathe  guardian  of 

[naming  the  minor  child  or  children,  liis  ward  or  wards],  whose 

father  was  a  in  company  commanded  by ,  in  the 

regiment  of ,  in  the  war  of  1G61,  and  that  the  said 

died  at ,  on  the  day  of ,  in  the  year  18 —  [here 

state  the  cause  of  death] ;  that  the  mother  of  the  child r,  afore- 
said, died  [or  again  married,  being  new  the  vrife  of ]  on  the 

• day  of ,in  the  year ;  and  that  the  date —  of  birth — 

of  his  said  ward as  follows : 

He  further  declares  that  the  parents  of  hig  said  ward  were — mar- 
ried at ,  on  the day  of ,  ill  the  year ,  by . 

[Guardian's  Signature.] 

Sworn  to  and  subscribed  on  the  day  and  yrar  first  above  writ- 
ten, before ;  and  I  hereby  certify  that  I  have  no  interest,  di- 
rect or  indirect,  in  the  prosecution  of  this  claim. 

{Signature  of  Judge  or  oilier  Officer.] 

This  declaration  must  be  accompanied  by  a  certified  copy  of 
the  letters  of  guardianship,  and  by  the  same  proof  as  in  the  case 
of  declarations  by  widows.  [See  forma  for  these  on  previous  page.] 


"H." 

Form  of  a  Widow's  application  for  an  increase  of  pension 
under  the  second  section  of  the  act  of  July  twenty-five, 
eighteen  hundred  and  sixty-six. 

STATE  (TERRITORY  OR  DISTRICT)  OF ,  ( 

County  of ,  (  * 

On  this day  of ,  A.  D.  •  — ,  personally  appeared 

before  me, of  the ,  A.  B.,  a  resident  of ,  in 

the  County  of ,  and  State  (Terri  tory  or  District)  of -, 

aged  —  —  years,  who  being  duly  ^worn  according  to  law,  doth 
on  her  oath  make  the  following  declaration,  in  order  to  obtain 
the  benefit  of  the  provision  made  by  the  second  section  of  the 
act  of  Congress  increasing  the  pennons  of  wMows  and  orphans, 
approved  July  twenty-five,  eighteen  hundred  and  sixty-six ;  That 


466        GUABDIAN'S  APPLICATION  FOB  INCBEASE* 

she  is  the  widow  of • ,  who  was  a iii  com* 

pany ,  commanded  by  — ,   in  the regiment  of 

— ,  in  the  war  of  1861 ;  and  that,  by  reason  of  his  death  in 
the  service  aforesaid,  she  has  been  granted  a  pension  of  eight 
dollars  per  month,  in  accordance  with  a  certificate  numbered  — — , 
bearing  date .  She  further  swears  that  she  has  the  fol- 
lowing-named children  of  her  deceased  husband  and  herself, 
under  sixteen  years  of  age,  who  are  now  living,  the  dates  of 
whose  birth  were  as  given  below,  to  wit : 

She  further  declares  that  she  has  not  remarried  since  the  death 
of  her  said  husband,  nor  has  she  abandoned  the  support  of  any 
one  of  the  children  above  named,  nor  permitted  any  one  of  the 
same  to  be  adopted  by  any  other  person  or  persons  as  his,  her, 
or  their  child. 

My  post-office  address  is  as  follows  : . 

[Declarant's  Signature."] 

Also  personally  appeared and 


residents  of  (county,  city,  or  town),  persons  whom  I  certify  to 
be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly 

sworn,  say  that  they  were  present  and  saw sign 

her  name  (or  make  her  mark)  to  the  foregoing  declaration  ;  and 
they  further  swear  that  they  have  every  reason  to  believe,  from 
the  appearance  of  the  applicant  and  their  acquaintance  with  her, 
that  she  is  the  identical  person  she  represents  herself  to  be,  and 
that  they  have  no  interest  in  the  prosecution  of  this  claim. 

[Signatures  of  Witnesses.'} 

Sworn  to  and  subscribed  before  me,  this day  of  — , 

A.  D.,  186 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  judge  or  other  officer.] 

"I." 

Form  of  a  Guardian's  application  for  increase  of  pension 
under  the  second  section  of  the  act  of  July  twenty-five,, 
eighteen  hundred  and  sixty-six. 

STATE  (TERRITORY  on  DISTRICT)  OP , )  ss . 

County  of .  ) 

On  this  day  of ,  A.  D. ,  personally  appeared 

before  me, of  the ,  A.  B.,  a  resident  of ,  and 

State  [Territory  or  District]  of ,  aged  years,  who, 

being  first  duly  sworn  according  to  law,  doth  on oath  make 

the  following  declaration,  in  order  to  obtain  the  benefit  of  the 
provision  made  by  the  second  section  of  the  act  of  Congress 
increasing  the  pensions  of  widows  and  orphans,  approved  July 
twenty-five,  eighteen  hundred  and  sixty-six :  That  [he  or  she]  is 


PENSIONS  FOE  WIDOWS  AND  OEPHANS  IN  NAVY  CASES.  467 

the  guardian  of  [naming  the  minor  child  or  children,  ward  or 
wards,]  whose  father  was  a  in  company ,  com- 
manded by ,  in  the regiment  of ,  in  the  war 

of  1801,  and  that  the  said  [naming  the  father]  died  at ,  on 

the day  of ,  in  the  year ,  [here  state  the  cause 

of  death] ;  that  the  mother  of  the  child aforesaid  died 

[or  again  married,  being  now  the  wife  of ]  on  tin 

day  of ,  in  the  year ;  and  that  the  dates  of 

birth  of  the  said  [minor  child  or  children,  ward  or  wards]  were 
as  follows,  to  wit : 

[He  or  she]  further  declares  that  the  parents  of  the  said  [minoT 

child  or  children,  ward  or  wards]  were  married  at ,  on 

the day  of ,  in  the  year ,  by * ;  and  that 

the  maiden  name  of  their  mother  was  — . 

My  post  office  address  is  as  follows : 

[Guardian's  Signature.'] 

Also  personally  appeared  and  ,  residents  of 

[county,  city,  or  town],  persons  whom  I  certify  to  be  respectable 
and  entitled  to  credit,  and  who,  being  by  me  duly  sworn,  say 

that  they  were  present  and  saw sign  her  name  [or  make 

her  mark]  to  the  foregoing  declaration ;  and  they  further  swear 
that  they  have  every  reason  to  believe,  from  the  appearance  of 
the  applicant  and  their  acquaintance  with  her,  that  she  is  the 
identical  person  she  represents  herself  to  be,  and  that  they  have 
no  interest  in  the  prosecution  of  this  claim. 

[Signature  of  Witnesses.] 

Sworn  to  and  subscribed  before  me,  this day  of , 

A.  D.  186 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  judge  or  other  officer], 

PENSIONS  FOR  WIDOWS  AND  OEPHANS  IN  NAVY 

CASES. 
I.  CLAIMS  PEIOE  TO  1861. 

Eegulations  for  obtaining  Pensions  for  Widows  and  Orphans 

in  Navy  Cases. 

In  all  claims  for  widows'  pensions,  or  a  renewal  thereof,  it 
must  be  shown  by  evidence,  accompanying  the  application,  OP 
already  on  file,  that  the  husband  lost  his  life  while  in  the  naval 
service,  by  reason  of  wounds  or  injuries  received,  casualty  incur- 
red, or  disease  contracted  in  the  line  of  duty.  In  cases  of  a  date 
subsequent  to  that  of  the  general  order,  such  evidence  may  gene- 
rally be  found  here ;  but  if  of  prior  date  must,  if  practicable,  be 
furnished"  by  the  certificate  of  medical  or  other  commissioned 


468    PENSIONS  FOB  WIDOWS  AND  ORPHANS  IN  NAVY  CASES. 

officers  of  the  navy,  cognizant  of  the  facts.  If,  after  using  due 
diligence,  such  certificates  cannot  be  obtained,  the  applicant  can 
then  present  such  other  testimony  as  would  be  taken  in  a  court 
of  justice. 

The  usual  legal  proof  of  marriage  must  be  produced,  accom- 
panied by  a  statement  of  the  names  and  ages  of  all  children  of 
the  parties,  whether  the  fruit  of  their  own  or  of  former  marriage. 
This  last  is  to  be  desired,  not  only  as  a  security  to  the  govern 
ment,  but  as  facilitating  any  future  claim  on  the  part  of  the  chil- 
dren. 

The  widowhood  and  identity  of  the  applicant  should  be  stated 
in  the  memorial,  and  certified  by  the  officiating  magistrate  or 
established  by  the  affidavit  of  credible  witnesses ;  and  all  evi- 
dence (excepting  the  certificates  of  naval  officers),  must  be  given 
by  affidavit  before  a  magistrate,  whose  official  character  must  be 
certified  by  the  clerk  of  the  county  in  which  he  acts,  under  his 
seal  of  office.  Applications  for  orphans'  navy  pension  may  be 
made  in  the  following  cases  : 

1.'  Death  of  mother  before  the  father. 

2.  Death  of  mother  since  the  father,  but  without  having  re- 
ceived the  benefit  of  the  pensioa  laws. 

3.  Death  or  intermarriage  of  their  mother,  since  having  re- 
ceived such  benefit. 

In  the  first  and  second  cases,  the  same  testimony  would  be 
required  as  in  widows'  applications,  together  with  legal  proof 
of  the  names  and  ages  of  the  children. 

In  the  third  case,  the  latter  only. 

Orphans'  applications  can  be  made  by  the  legally-appointed 
guardian,  in  any  form  embracing  a  statement  of  facts.  Claims 
of  arrearages  of  pension  may  be  paid  to  the  orphans  themselves, 
if  adults,  or  to  an  administrator,  for  the  sole  and  exclusive  use 
and  benefit  of  the  children  of  the  deceased  parties. 

Form  of  Application  for  Widow's  Havy  Pension, 
To  THE  COMMISSIONER  OF  PENSIONS: 

The  memorial  of  the  undersigned  [widow's  name],  the  widow 
of  [husband's  name],  who  was  a  [here  give  the  rank  of  the  hus- 
band], in  the  naval  service  of  the  United  States,  respectfully 
showeth. 


PENSIONS  FOR  WIDOWS  AND  ORPHANS  IN  NAVY  OASES.  469 

That  the  said  [husband's  name],  entered  the  service  in  the 
year 5  and  died  therein,  while  holding  the  rank  above  men- 
tioned, on  the day  of ,  18 — ,  by  reason  of  [here  give  mi- 
nute description  of  the  injury,  accident,  or  disease  by  which  the 
death  was  caused,  mention  when,  where,  and  how  it  happened,  and 
whether  deceased  was  at  the  time  serving  on  board  ship  (and  if  so, 
naming  her,  with  the  name  of  her  commander)  or  in  the  hospital, 
and  at  what  place  or  station],  in  the  line  of  duty. 

ff     That  the  undersigned  was  married  to  the  said ,  on  the  — 

'  day  of ,  in  the  year ;  and  that  the  following  is  a  cor- 
rect statement  of  the  names  and  ages  of  the  children  of  the  par- 
ties, now  living.  [Here  give  names  of  children,  with  the  dates 
of  their  birth,  including  the  children  of  either  of  the  parties  by  a 
former  marriage*] 

That  your  memorialist  has,  since  the  death  of  her  said  hus- 
band, remained  unmarried,  and  the  widow  of  the  said [  if 

the  widow  married  a  second  time,  but  is  unmarried  at  the  time  of 
the  application,  the  date  of  such  subsequent  marriage  and  the  time 
of  the  death  of  her  last  husband  must  ~be  stated  and  proved];  for 
the  truth  of  which  statement  she  refers  to  the  testimony,  herewith 
filed  [or  already  filed  in  the  Pension  Office].  She  claims  the  ben- 
efits of  the  laws  granting  pensions  to  the  widows  of  officers,  sea- 
men and  marines  who  have  died  in  the  naval  service,  and  requests 
that  her  name  may  be  inscribed  on  the  roll  of  pensions,  payable 
at  the  Navy  Pension  Agency,  at  — — . 

[Declarant's  Signature.] 

Sworn  to  and  subscribed  before  the court  [or  before  me, 

,  judge ;  or  before  me, ,  clerk  of  the court],  a  court 

of  record  within  and  for  the  county  of •,  and  State  of , 

this day  of ,  A.  D.  18—. 

r        -.      Witness  my  signature  and  tne  seal  of  said   court, 
the  day  and  year  aforesaid. 

[Cleric's  Signature.] 

Accompanying  this  declaration  must  be  the  following  proof: 
1.  Proof  of  service  and  the  cause  of  the  death  of  the  husband. 
Where  the  husband  was  a  pensioner  while  living,  proof  of  service 
need  not  be  made.  If  record  evidence  of  the  service  and  cause 
of  death  of  the  husband  is  in  the  archives  of  the  Government,  the 
facts  of  the  service  and  death  may  be  stated  in  brief  in  the  dec^ 
laration,  and  reference  be  made  to  the  place  where  such  record 
evidence  may  be  found.  The  character  of  the  proof  necessary 
(whenever  required)  may  be  learned  by  consulting  the  regula- 
tions which  precede  the  foregoing  declaration. 


470    PENSIONS  FOK  WIDOWS  AND  ORPHANS  IN  NAV7  CASES 

2.  Proof  of  the  marriage.    This  must  be  made  by  one  of  the 
methods  mentioned  under  "  WIDOWS  AND  ORPHANS— REVOLU- 
TIONARY WAR";    or,  " WIDOWS   AND  ORHANS— VOLUNTEERS 
AND  MILITIA";  OR  "WIDOWS  AND  ORPHANS — REGULARS." 

3.  Proof  of  the  death  of  the  husband. 

4.  Proof  of  the  names  and  ages  of  the  children. 

5.  Proof  of  present  widowhood. 

6.  Proof  of  the  date  of  subsequent  marriage,  and  the  death  of 
last  husband,  when  required  by  facts. 

Tlie  form  of  declaration  applicable  in  obtaining  a  pension  may 
also  be  used  in  applying  for  the  renewal  of  a  pension.  The  only 
alterations  necessary  are  these :  1.  It  should  appear  that  the 
claimant  formerly  obtained  a  pension  for  the  service  of  her  hus- 
band mentioned  in  her  declaration.  2.  That  the  declaration  is 
made  to  obtain  a  renewal  of  the  pension,  mentioning  the  act 
under  which  such  renewal  is  claimed. 

The  following  form  of  certificate  of  the  death  of  a  person  in 
the  naval  service,  accompanies  the  general  order  issued  by  the 
Secretary  of  the  Navy,  on  the  17th  day  of  February,  1851 ; 

I  hereby  certify  that ,  who  was  a r  in  the  United  States 

navy,  while  attached  to  [here  insert  the  name  of  the  vessel,  hospi- 
tal, or  navy-yard],  and  holding  the  rank  above  mentioned,  de- 
parted this  life  at on  the day  of ,  18 — ,  and  that 

he  died  of  [wound,  casualty,  or  disease,  as  the  case  may  he],  as  set 
forth  in  the  record  of  his  case,  of  which  the  following  is  a  copy  • 
{Here  give  copy  of  the  record.] 

[Surgeon's  signature.[ 

The  above-named  deceased,  was  born  at in  the  county  of 

,  and  State  of ,  about years  of  age, feet 

inches  high ;  complexion ;  eyes ;  hair ;  and  en- 
tered the  United  States  naval  service  at ,  on  the day 

of ,  in  the  year . 

[Purser's  Name.] 

Approved.  [Commander's  Name.] 

Declaration  of  Guardian  of  Minor  Children. 
To  THE  COMMISSIONER  OF  PENSIONS  : 

The  memorial  of  the  undersigned  [insert  guardiaris  name], 
guardian  of  [here  insert  the  names  of  the  children],  minor  children 
of  [here  insert  the  name  of  the  father]  who  was  a in  the 


PENSIONS  FOK  WIDOWS  AND  ORPHANS  IN  NAVY  CASES  471 

naval  service  of  the  United  States,  respectfully  showeth :  that 

the  said  [the  father]  entered  the  service  in  tho  year ,  and 

died  therein,  while  liDlding  the  rank  above  mentioned,  on  the 

day  of ,  by  reason  of  [a  wound,  casualty  or  disease]  in 

the  line  of  duty. 

That  the  parents  of  his  wards  were  married  at . ,  on  the 

day  of ,  A.  D.  18 — ,  by  one ,  a  ;  that 

the  mother  of  his  said  wards  died  [or  was  again  married,  being 

now  the  wife  of ]  on  the day  of A.  D.  18—;  and 

that  the  dates  of  the  births  of  his  said  wards  are  as  follows :  [Here 
give  the  date  of  the  birth  of  each  child.]  He  makes  this  declara- 
tion for  the  purpose  of  obtaining  ffor  his  said  wards  the  benefit 
of  the  laws  granting  navy  pensions  to  the  minor  children  of  offi- 
cers, seamen,  and  marines  who  have  died  in  the  naval  service ; 
and  requests  that  the  names  of  his  said  wards  may  be  inscribed 
on  the  roll  of  pensioners,  payable  at  the  Navy  Pension  Agency 

at ,  in  the  State  of  -     — . 

[Declarant'1  s  Signature.] 

This  must  be  sworn  to  before  a  court  of  record  or  judge  or 
clerk  of  such  court,  and  the  certificate  of  oath,  similar  to  that  in 
the  case  of  the  widow's  declaration  on  a  preceding  page,  must 
be  appended. 

II.  NAVAL  PENSIONS  TO  WIDOWS  AND  ORPHANS 
UNDER  THE  ACT  OF  JULY  14, 1862. 

"B." 

Form  of  Declaration  for  obtaining-  a  Widow's  Navy  Pension. 

STATE  OF ) 

County  of fS5t 

On  this day  of ,  A.  D.  18 — ,  personally  appeared  be- 
fore me ,  of  the court, ,  a  resident  of ,  in  tho 

county  of and  State  of ,  aged years,  who,  being 

first  duly  sworn  according  to.  law,  doth,  on  her  oath,  make  the  fol- 
owing  declaration,  in  order  to  obtain  the  benefits  of  the  provis- 
ion made  by  the  Act  of  Congress,  approved  July  14,  1862,  grant- 
ing pensions  ;  That  she  is  the  widow  of ,"who  was  a 

[7iere  state  the  husband's  service]  who,  [here  specify  the  time,  place, 
and  came  of  his  death].  She  further  declares,  that  she  was  mar- 
ried to  the  said on  the day  of ,  in  the  year ; 

that  her  husband,  the  aforesaid ,  died  on  the  day  above 

mentioned,  and  that  she  has  remained  a  widow  ever  since  that 
period  [or  if  she  has  re-married  and  again  "become  a  widow,  the 
fact  must  le  stated],  as  will  more  fully  appear  by  reference  to  the 
proof  hereto  annexed.  The  personal  description  of  the  said 


472    PENSIONS  FOB  WIDOWS  AND  ORPHANS  IN  NAVY  CASBS. 

-  her  deceased  husband,  is  as  follows  :  [Here  atate  his  age, 
height,  complexion,  occupation,  etc.']  She  also  declares  that  she 
has  not  in  any  manner  been  engaged  in,  nor  aided  or  abetted,  the 
rebellion  in  the  United  States. 

[Declarant's  Signature.'] 

Also  personally  appeared  -  and  -  ,  residents  of  [county,  city 

or  town]  persons  whom  I  testify  to  be  respectable  and  entitled  to 

^credit,  and  who,  being  by  me  duly  sworn,  say  that  they  were 

f  present  and  saw  ---  sign  her  name  [or  make  her  mark]  to  the 

'foregoing  declaration,  and  they  further  swear  that  they  have 

every  reason  to  believe,  from  the  appearance  of  the  applicant  and 

their  acquaintance  with  her,  that  she  is  the  identical  person  ske 

represents  herself  to  be  ;  and  that  they  have  no  interest  in  the 

prosecution  of  this  claim. 

"  [Signatures  of  Witnesses.} 

Sworn  to  and  subscribed  before  me,  this  -  day  of  -  A. 
D.  18  —  ;  and  I  hereby  certify  that  I  have  no  interest,  direct  or 
indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other 


Applicant's  post  office  address  : 

This  must  be  accompanied  by  like  proof  as  in  other  applica- 
tions by  widows. 

"C." 

Form  of  Declaration  for  Guardian  of  Minor  Children  in 
order  to  obtain  Navy  Pension. 

STATE  OP  -  ) 
County  of  --  j 

On  this  -  day  of  --  A.  D.  18  —  ,  personally  appeared  be- 
fore the  -  -  of  the-  --  [or  the  judge  or  clerk  of  such  court],  -  ,  a 
resident  of  -  ,  in  the  county  of  -  ,  and  State  of  --  ,  aged 

-  years,  who,  being  first  duly  sworn  according  to  law,  doth 
on  oath  make  the  following  declaration,  as  guardian  of  the  minor 
child  —  of  -  deceased,  in  order  to  obtain  the  benefits  of  the 
provision  made  by  the  act  of  Congress,  approved  July  14,  1862, 
granting  pensions  to  minor  children,  under  sixteen  years  of  age, 
of  deceased  officers  and  seamen  ;  that  he  is  the  guardian  of  — 
[naming  the  minor  child  or  children,  his  ward  or  wards],  whose 
father  was  a  -  rhyre  state  the  father's  service],  and  that  the  said 

-  died  at  -  ,  on  the  -  day  of  -  ,  in  the  year  18—,  [here 
state  the  cause  of  death]  ;   that   the   mother   of  the  child  - 
aforesaid,  died  [of  again  married^  being  now  the  wife  of  --  ],  on 


PENSIONS  FOB  WIDOWS  AND  ORPHANS  IN  NAVY  CASES. 473 

the day  of ,  in  the  year ;  and  that  the  date —  of 

birth —  of  his  said  ward as  follows. 

He  further  declares  that  the  parents  of  his  said  ward —  were 

married  at ,  on  the day  of ,  in  the  year , 

by .  [Guardian's  Signature.] 

Sworn  to  and  subscribed  on  the  day  and  year  first  above 
written,  before ;  and  I  hereby  certify  that  I  have  no  inter- 
est, direct  or  indirect,  in  the  prosecution  of  this  claim. 
f  [Signature  of  Judge  or  other  Officer ?\ 

This  must  be  accompanied  by  a  certified  copy  of  the  letters  of 
guardianship,  and  by  the  same  proof  as  in  the  case  of  widows. 

III.  GRATUITOUS  PENSIONS  TO  MOTHERS  AND  SIS- 
TERS  OF  DECEASED  SOLDIERS  OR  SAILORS  IN 
THE  NAVAL  SERVICE. 

These  have  never  been  granted  previous  to  the  law  of  July 
14th,  1862.  The  following  are  the  regulations  of  the  Pension 
Office  in  respect  to  them : 

1.  If  the  claimant  be  the  mother  of  the  deceased  soldier,  it 
will  be  necessary  to  prove  that  he  was  disabled,  or  killed,  or 
died  of  disease  contracted  in  the  service,  and  in  the  line  of  his 
duty.     If  he  received  an  invalid  pension,  or  his  death  appeared 
on  the  government  rolls,  reference  to  these  will  be  sufficient. 

2.  It  will  further  be  necessary  to  prove  that  the  deceased  left 
no  wife  nor  children ;  that  the  claimant  was  legally  married  and 
the  mother  of  the  deceased,  and  was  and  remains  a  widow ;  that 
she  was  partially  or  totally  dependent  upon  him  for  support, 
and  that  she  has  not  in  any  manner  aided  or  abetted  the  rebel- 
lion in  the  United  States. 

3.  In  the  case  of  orphan  minor  sisters,  claiming  a  pension,  it 
will  be  necessary  to  prove  the  death  of  the  deceased  brother,  in 

%  the  same  way  as  above  stated,  and  also,  the  marriage  of  the  pa- 
rents of  the  claimant  or  claimants ;  the  death  or  marriage  of  the 
mother  of  the  deceased ;  the  relationship  between  the  claimant 
or  claimants  and  the  deceased;  the  names  and  ages  of  the  sisters 
under  sixteen  years  of  age,  who  were  dependent  on  the  deceased 
in  whole  or  in  part,  for  support ;  that  the  deceased  left  neither 
widow  nor  children  ;  and  that  the  claimant  or  claimants  had  not 
in  any  way  aided  or  abetted  the  rebellion  against  the  United 
States. 


474     PENSIONS  FOR  WIDOWS  AND  ORPHANS  IN  NAVY  CASES. 

Affidavits  in  proof  of  these  several  facts  may  be  made  before  a 
justice  or  other  officer  authorized  to  administer  oaths  generally  ; 
but  his  official  character  must  be  certified  by  the  clerk  of  the 
proper  court  under  its  seal.  The  ages  of  the  minor  claimants 
should  be  given  where  possible,  by  an  abstract  from  the  parish 
register,  duly  authenticated. 

"D," 

Form  of  Declaration  for  Mother's  Application  for  Army 

Pensions. 
STATE  OP 


p 
County  of  -    " 

On  this  -  day  of  -  ,  A.  D.  -  ,  personally  appeared  before 
the  -  ,  of  the  -  ,  —  —  ,  a  resident  of  -  ,  in  the  county  oi 
-  ,  and  State  of  -  ,  aged  -  years,  who,  being  first  duly 
sworn  according  to  law,  dotk  on  her  oath  make  the  following 
delaration,  in  order  to  obtain  the  benefits  of  the  provisions  made 
by  the  act  of  Congress  July  14th,  1862  :  That  she  is  the  widow 
of  -  ,  and  mother  of  -  ,  who  was  a  -  in  company  -  , 
commanded  by  -  ,  in  the  -  regiment  of  -  ,  in  the  war  of 
1861,  who  [here  state  the  time,  place  and  cause  of  death]. 

She  further  declares  that  her  said  son,  upon  whom  she  was 
wholly  or  in  part  dependent  for  support,  having  left  no  widow 
nor  minor  child  under  sixteen  years  of  age  surviving,  declarant 
makes  this  application  for  a  pension  under  the  above  mentioned 
act,  and  refers  to  the  evidence  filed  herewith,  and  that  in  the 
proper  department,  to  establish  her  claim. 

She  also  declares  that  she  has  not,  in  any  way,  been  engaged 
in,  nor  aided  or  abetted  the  rebellion  in  the  United  States  ;  that 
she  is  not  in  the  receipt  of  a  pension  under  the  second  section  of 
the  act  above  mentioned,  nor  under  any  other  act,  nor  has  she 
again  married  since  the  death  of  her  son,  the  said 

[Declarant's  Signature.] 

Also  personally  appeared  -  and  -  ,  residents  of  [county, 
city  or  town],  persons  whom  I  certify  to  be  respectable  and  enti- 
tled to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they 
were  present  and  saw  -  sign  her  name  (or  make  her  mark)  to 
the  foregoing  declaration,  and  they  further  swear  that  tncy  have 
every  reason  to  believe,  from  the  appearance  of  the  applicant, 
and  their  acquaintance  with  her,  that  she  is  the  identical  person 
she  represents  herself  to  be. 

[Signatures  of  Witnesses.} 


PENSIONS  FOR  WIDOWS  AND  ORPHANS  IN  NAYT  CASES.475 

Sworn  to  and  subscribed  before  me  this day  of ,  A.D. 

18 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct  or  in- 
direct, in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other  Officer.'] 

Applicant's  Post-office  address : 

"D." 

Form  of  Declaration  for  Mother's  Application  for  Navy 

Pensions. 
STATE  OF  — 


County  of  f  SS' 

On  this day  of ,  A.  D. ,  personally  appeared  be- 
fore the •,  of  the , -,  a  resident  of in  the  county 

of ,  and  State  of ,  aged years,  who,  being  first  duly 

sworn  according  to  law,  doth  on  her  oath  make  the  following 
declaration  in  order  to  obtain  the  benefits  of  the  provisions  made 
by  the  act  of  Congress  approved  July  14,  1862,  granting  pen- 
sions ;  that  she  is  the  widow  of ,  and  mother  of ,  who 

was  a  [here  state  decedent '«  service,  and  personal  description],  who 
[here  state  the  time,  place  and  cause  of  death]. 

She  further  declares  that  her  said  son,  upon  whom  she  was 
wholly  or  in  part  dependent  for  support,  having  left' no  widow 
nor  minor  child  under  sixteen  years  of  age  surviving,  declarant 
makes  this  application  for  a  pension  under  the  above-mentioned 
act,  and  refers  to  the  evidence  filed  herewith,  and  that  in  the 
proper  department,  to  establish  her  claim. 

She  also  declares  that  she  has  not  in  any  way  been  engaged  in, 
nor  aided  or  abetted  the  rebellion  in  the  United  States ;  that  she 
is  not  in  the  receipt  of  a  pension  under  the  second  section  of  the 
act  above  mentioned,  nor  under  any  other  act,  nor  has  she  again 

married  since  the  death  of  her  son,  the  said . 

[Declarant's  Signature.] 
-'. 

Also  personally  appeared and ,  residents  of  [county, 

city  or  town],  persons  whom  I  testify  to  be  respectable  and  enti- 
tled to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they 
were  present  and  saw  —  —  sign  her  name  [or  make  her  mark] 
to  the  foregoing  declaration ;  and  they  further  swear  that  they 
have  every  reason  to  believe,  from  the  appearance  of  the  appli- 
cant and  their  acquaintance  with  her,  that  she  is  the  identical 
person  she  represents  herself  to  be. 

[Signatures  of  Witnesses.] 

Bworn  to,  and  subscribed  before  me,  this day  of , 


47C    PENSIOXS  FOU  WIDOWS  AND  ORPHANS  IN  NAYY  CASES> 

A.  D.  18 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other  Officer.} 

Applicant's  Post  office  address: 

Form  of  Declaration  of  Guardian  of  Orphan  Sisters  for  Army 
Pension, 

BTATE  OF  — 
County  of  — 

On  this  day  of ,  A.  D. ,  personally  appeared 

before  the  of  the , ,  a  resident  of ,  in 

the  county  of ,  and  State  of ,  aged years,  who, 

being  first  duly  sworn  according  to  law,  doth  on  oath  make  the 
following  declaration,  in  order  to  obtain  a  pension  under  the  act 
of  July  14,  1862 :  That  he  is  the  legally-appointed  guardian  of 

[here  give  the  names  and  ages  of  hi*  ward  07'  wards],  who 

the  only  surviving  child ,  under    sixteen  years  of  age,  of 

,"  and ,    his  wife,  and   sister —    of  ,  who 

was  a  —     — ,  in  company ,  commanded  by ,  in  the 

regiment  of ,  in  the  war  of  1861,  who  [here  state 

the  time,  place,  and  came  of  his  death].  That  the  brother  of  his 
said  ward — ,  upon  whom  [they  were]  wholly,  or  in  part,  de- 
pendent for  support,  having  left  no  widow,  minor  child  or 
children-,  nor  mother,  declarant  as  guardian,  and  on  behalf  of  his 
ward—,  refers  to  the  accompanying  evidence,  and  such  as 
may  be  found  in  the  department,  to  establish  her  [or.  their]  claim 
under  the  law  abovo  named. 

He  further  declared  that  his  said  ward — • not  in  the  receipt 

of  any  pension  under  oaid  act. 

He  further  declares  that  his  ward not,  in  any  way,  been 

engaged  in,  nor  aided  or  abetted,  the  rebellion  in  the  United 
States. 

[  Guardian's  Signature.] 

Applicant's  Post-office  address : 

Sworn  to,  and  subscribed  before  me,  this day  of  ,  , 

A.  D.  18 — ;    and  I  hereby  certify  that  I  have  no  interest,  direct! 
or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other  Officer.] 

Form  of  Declaration  of  Guardian  of  Orphan  Sisters  for  Navy 

Pension. 
BTATE  OF  — 
County  of  — 
On  this day  of ,  A.  D.  — — ,  personally  appealed 


ARREARS   OF  PENSIONS.  477 

before  the ,  of  the , ,  a  resident  of  — : ,  in 

the  county  of ,  in  the  State  of ,  aged years, 

who,  being  first  duly  sworn  according  to  law,  doth  on  oath  make 
the  following  declaration,  in  order  to  obtain  a  pension  under  the 
act  of  July  14,  1862.  That  he  is  the  legally-appointed  guardian 

of  \Ti-ere  give  the  names  and  ages  of  his  ward  or  wards],  who 

the  only  surviving  child ,  under  sixteen  years  of  age,  of 

,   and  ,  his  wife,   and  sister —   of  ,  who 

was  a  (here  state  decedent's  service  and  personal  description],  who 
here  state  the  time,  place,  and  cause  of  his  death].  That  the 
orother  of  his  said  ward — ,  upon  whom  [they  were]  wholly 
[or  in  part]  dependent  for  support,  having  left  no  widow,  minor 
child  or  children,  nor  mother,  declarant  as  guardian,  and  on  be- 
half of  his  ward — ,  refers  to  the  accompanying  evidence, 
and  such  as  may  be  found  in  the  department,  to  establish  her 
[or  their]  claim  under  the  law  above  named. 

He  further  declares  that  his  said  ward not  in  receipt 

of  any  pension  under  said  act. 

He  also  declares  that  his  ward —  not,  in  any  way,  been 

engaged  in,  nor  aided  or  abetted,  the  rebellion  in  tb"  United 
States. 

[Guardian's  Signature.] 

Sworn  to,  and  subscribed  before  me,  this day  of , 

A.  D.  18 ;  and  I  hereby  certify  that  I  have  no  interest,  either 

direct  or  indirect,  in  the  prosecution  of  this  claim. 

[Signature  of  Judge  or  other  Offiwr.] 

Applicant's  Post-office  address : 

ARREARS  OF  PENSIONS. 

Under  the  provisions  of  the  acts  of  2d  March,  1829,  and  29th 
June,  1840,  in  case  of  the  death  of  any  pensioner,  the  arrears  of 
pension,  due  to  him  at  the  time  of  his  death,  must  be  paid  : 

1.  To  the  widow  of  the  deceased  pensioner,  or  to  her  attorney ; 
proving  herself  to  be  such  before  a  court  of  record. 

2.  If  there  be  no  widow,  then  to  the  executor  or  administrator 
on  the  estate  of  such  pensioner,  for  the  sole  and  exclusive  benefit 
of  the  children,  to  be  by  him  distributed  among  them  in  equal 
shares  ;  and  the  law  of  1840  declares  that  the  arrears  of  pension 
"  shall  not  be  considered  a  part  of  the  assets  of  said  estate,  nor 
liable  to  be  applied  to  the  payments  of  the  debts  of  said  estate 
in  any  case  whatever." 

3.  In  case  of  the  death  of  any  pensioner,  who  is  a  widow, 


478  ARKEARS   OP  PENSIONS. 

leaving  cMldren,  the  amount  of  pension  due  at  fche  time  of  her 
death  must  be  paid  to  the  executor  or  administrator  for  the 
berefit  of  her  children,  as  directed  in  the  foregoing  paragraph. 

4.  In  case  of  the  death  of  any  pensioner,  whether  male  or 
female,  leaving  children,  the  amount  of  pension  may  be  paid  to 
any  one  or  each  of  them  as  they  may  prefer,  without  the  inter- 
vention of  an  administrator. 

If  one  of  the  children  is  selected  to  receive  the  amount  due,  he 
or  she  must  produce  a  power  of  attorney  from  the  others,  for  that 
purpose,  duly  authenticated. 

5.  If  there  be  no  widow,  child,  nor  children,  then  the  amount 
due  such  pensioner,  at  the  time  of  his  death,  must  be  paid  to  the 
legal  representative  of  the  deceased. 

C.  When  an  executor  or  administrator  shall  apply  for  the 
pension  due  to  a  deceased  person,  he  must  deposit  a  certificate 
of  the  clerk  of  the  court,  judge  of  probate,  register  of  wills, 
ordinary  or  surrogate  (as  the  case  may  be),  stating  that  he  is 
duly  authorized  to  act  in  that  capacity  on  the  estate  of  the 
deceased  pensioner,  and,  if  a  male,  that  it  has  been  proved  to 
his  satisfaction  that  there  is  no  widow  of  the  said  pensioner 
living. 

7.  In  all  cases  of  payment  being  made  of  moneys  due  a  de- 
ceased pensioner,  the  original  pension  certificate  must  be  sur- 
rendered, as  evidence  of  the  identity  of  the  person  to  whom  the 
pension  claimed  was  due,  or  other  substantial  evidence  of  such 
identity  must  be  produced  in  case  such  certificate  cannot  be 
obtained  for  surrender,  and  that  due  search  and  inquiry  have 
been  made  for  said  certificate,  and  that  it  cannot  be  found.    The 
date  of  said  pensioner's  death  must  be  proved  before  a  court  of 
record. 

8.  A  certificate  of  the  facts  proved  must  be  obtained  from  the 
clerk  of  the  court. 

Oath  of  Identity  where  Arrears  are  due,  and  Certificate  to  be 
Surrendered. 

STATE  OP ) 

County  of f  **• 

On  this day  of ,  A.  D.  18 ,  before  me,  a  Justice 

of  the  Peace,  within  and  for  said  county,  dsly  authorized  by 


ARREARS   OF   PENSIONS.  479 

law  to  administer  oaths,  personally  appeared  ^ ,  and  made 

oath  in  due  ibrm  of  law,  that  he  is  the  identical  person  named 
in  an  original  certificate,  dated  at  the  Department  of  the  Interior 

on  the  day  of ,  A.  D.  18 — ,  and  to  be  herewith 

surrendered,  and  of  which  the  following  is  a  copy,  viz.  [her6 

copy  certificate  at  length]  :  that  he  now  resides1  at ,  in , 

and  has  resided  there  for  the  space  of years  past ;  and 

that  previous  thereto  he  resided  in -;  of  the  truth  of  which 

statement  I  am  satisfied. 

[Signature.] 

Sworn  to,  and  subscribed  before  me,  this day  of — 

A.D.  18— . 

[J.  P.] 

Oath  of  Identity  of  Widow  or  Child,  or  Executor  or  Adminis- 
trator of  a  Deceased  Person. 

STATE  OF  / 

County  of •  f 

Be  it  known,  that  before  ine, ,  a in  and  for  the 

county  aforesaid,  duly  authorized  by  law  to  administer  oaths, 

personally  appeared ,  anud  made  oath  in  due  form  of  law, 

that  she  (or  he  as  the  case  may  be)  is  the  widow  [a  son,  or  daugh- 
ter, or  executor,  of  the  last  will  and  testament,  or  the  adminis- 
trator of  the  estate-,  as  the  case  may  be]  of ,  the  identical 

person  who  was  a  pensioner,  and  is  now  dead,  and  to  whom  a 
certificate  of  pension  was  issued,  which  is  herewith  surrendered. 
[In  case  the  pension  certificate  has  been  lost,  insert  immediately 
after  the  name  or  names  of  the  widow  child,  or  children,  as 
the  case  may  be,  the  following:  "And  that  the  pension  certifi- 
cate of  said  pensioner  has  been  lost,  and  after  due  search  and  in- 
quiry therefor  it  cannot  be  found."] 

That  the  deceased  pensioner  resided  in ,  in  the  State  of 

,  for  the  space  of years  before  his  death ;  and  that  pre- 
vious thereto  he  resided  in . 

*     Sworn  to  and  subscribed  this  day  of ,  18 — ,  before 

>  me.  [J.  P.] 

[  Certificate  and  Seal  of  Cleric  of  Court] 

Power  of  Attorney, 

Know  all  men  by  these  presents,  that  I, ,  of ,  in  the 

county  of ,  State  of ,  widow  [or  child,  or  otherwise  09 

the  case  may  be]  of ,  who  was  an  invalid  pensioner  of  the 

United  States,  do  hereby  constitute  and  appoint ,  my  true 

and  lawful  attorney,  for  me,  and  in  my  name,  to  receive  frora 
the  agent  of  the  United  States  fey  paying  pensions  in  —  *— — ^ 


480  RENEWAL   OF  PENSIONS. 

State  of ,  tlie  balance  of  said  pension  from  the day  of 

,  18 — ,  to  the day  of ,  being  the  day  ef  his  death. 

Witness  my  hand  and  seal,  this day  of ,  18 — . 

Sealed  and  delivered  in  the  presence  of 

Witness.          '  [Seal.] 

STATE  OF 
County  of 

On  this day  of A.  D.  18 — ,  before  the  undersigned 

authority  within  and  for  said  county,  personally  came , 

[widow,  or  child,  or  executor,  or  administrator]  of 'de- 
ceased, and  acknowledged  the  signing  and  sealing  of  the  forego- 
ing power  of  attorney,  for  the  purposes  therein  expressed. 

Given  under  my  hand,  the  day  and  year  aforesaid. 

\J.  P.] 

The  official  character  of  the  magistrate  or  other  officer  taking 
the  acknowledgment,  must  be  certified  by  the  clerk  of  the  proper 
court  under  its  seal,  as  in  other  cases. 

Certificate  of  the  Court  as  to  the  Death  of  a  Pensioner. 

STATE  OF ) 

County  of $  ss' 

I, ,  clerk  of  the  court  of ,  h  olden  at ,  in 

and  for ,  do  hereby  certify,  that  satisfactory  evidence  has 

been  exhibited  to  said  court  that was  a  pensioner  of  the 

United  States,  at  the  rate  of dollars  per ;  was  a  resi- 
dent of  the  county  of  ,  in  the  State  of ,  in  the  year 

-. ,  on  the  day  of ;  that  he  left  a  widow  [or  no 

widow,  or  child,  or  children,  as  the  case  may  1e\  whose  name  is 

or  are,  as  the  case  may  ~be\ . 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 

[L.  s.]       affixed  my  seal  [seal  of  the  court]  of  office  at ,  this 

day  of ,  in  the  year  of  our  Lord  18 — . 

,  Clerk  of  the . 


RENEWAL  OF  PENSIONS. 
Declaration  for  Renewal.    [Military  Case.} 

STATE  OF ( 

County  of } 

On  this  day  of ,  A.  D.  18—,  before  the  court 

[or  before  me ,  judge,  or  clerk  of  the court],  a  court  of 

record  within  and  for  said  county,  personally  appeared ,  a 


KENEWAL   OP   PENSIONS:  481 

resident  of  said  county,  aged years,  who  being  first  duly 

sworn  according  to  law,  doth,  on  her  oath,  make  the  following 
declaration  in  order  to  obtain  the  benefits  of  the  act  of ,  re- 
newing half-pay  to  certain  widows  and  orphans. 

That  she  is  the  widow  of ,  who  was  a ,  in  company  — , 

commanded  by  Captain ,  in  the regiment  of ,  com- 
manded by  Colonel ,  in  the  war  with  ;  for  proof  of 

which  she  refers  to  the  paper  on  file  in  her  original  application, 

upon  which  she  formerly  obtained  a  pension  at  the  rate  of 

dollars  per  month,  payable  at  the  agency  for  paying  pensions  in 

,  in  the  State  of ;  the  certificate  of  which  pension  has 

been  surrendered.  She  now  claims  the  benefits  of  the  act  oi 
,  and  asks  that  her  name  may  be  placed  upon  the  list  of  pen- 
si  oners  payable  at  the  agency  in ,  in  the  State  of . 

She  further  declares  that  she  is  still  a  widow. 

[Signature  of  Claimant.'] 

Sworn  to  and  subscribed  in  open  court  [or  before  me , 

judge,  or  clerk  of  said  court  of  ],  the  day  and  year 

aforesaid.  And  I  certify  that  I  believe  [or  know]  the  declarant 
to  be  the  person  she  represents  herself  to  be,  and  that  I  am  not 
interested  in  her  said  claim. 

r  T  In  testimony  whereof  I  hereto  set  my  hand  and  affix  the 
'  S'J  seal  of  said  court,  this day  of ,  A.  D.  18—. 

[Clerk's  Signature.] 

If  sworn  to  before  a  judge,  his  official  character  must  be  certi- 
fied by  the  clerk,  under  the  seal  of  the  court. 

STATE  OF  

County  of 

On  this day  of ,  A.  D.  18 — ,  personally  appeared  be- 
fore the court  [or  before  me judge,  or  -    -  clerk,  of 

the court],  a  court  of  record  in  and  for  said  county, , 

and ,  wh6  are  [to  me  well 'known  to  be]  residents  of  the 

county  of ,  and  credible  witnesses,  and  who  being  first  duly 

sworn,  depose  and  say,  that  they  are  well  acquainted  with  Mrs. 
who  subscribed  and  made  oath  to  the  above  declara- 
tion iijtiheir  presence,  and  have  known  her  for  at  least years 

last  past ;  that  she  is  the  widow  of ,  who  served  in  the  man* 

ner  specified  in  said  declaration ;  that  she  is  the  identical  person 
to  whom  a  pension  was  granted  for  such  service,  at  the  rate  of 

dollars  per  month ;  and  that  she  is  still  a  widow. 

[Signature.] 

[Certificate  of  Oath,} 


482  RENEWAL   OF  PENSIONS. 


Declaration  for  Renewal.  [Naval  Case.] 

To  THE  COMMISSIONER  OF  PENSIONS: 

The  memorial  of  the  undersigned,  the  widow  of  the  late , 

who  was  a in  the  navy  of  the  United  States,  respectfully 

shows : 

That  her  husband,  the  aforesaid ,  entered  the  service  of 

the  United  States  in  the  year ;  that  while  in  the  said  service 

and  holding  the  rank  above  mentioned,  he  departed  this  life  at 
,  on  the day  of ,  in  the  year ;  that  the  under- 
signed was  married  to  the  said  ,  on  the  day  of  ,  in 

the  year ,  and  in  proof  thereof,  she  refers  to  papers  on  file  in 

the  Pension  Office,  upon  which  she  obtained  a  pension  for  five 
years.  She  therefore  claims  the  benefits  of  the  act  of  Congress 

of  the granting  pensions  to  the  widows  of  officers,  seamen 

and  marines,  who  have  died  in  the  service  aforesaid ;  and  she 
requests  that  her  name  may  be  inscribed  on  the  roll  of  pensions 

under  that  law,  who  are  paid  at ,  in  the  State  of . 

[Claimant* &  Signature.'] 

Here  must  follow  a  certificate  of  the  judge  or  clerk,  as  in,  the 
case  of  a  widow  whose  husband  was  in  the  military  service. 

The  same  proof  as  in  the  last-mentioned  case  must  accompany 
the  declaration,  and  a  power  of  attorney  must  also  be  executed 
in  such  cases. 


INCREASE  <XF  PENSIONS. 
Regulations. 

No  application  for  an  increase  of  an  invalid  pension  wih  ba 
examined,  unless  the  proof  be  first  presented  to  the  Pension 
Agent,  where  the  payment  is  made.  He  will  forward  the  "  Sur- 
geon's Affidavit,"  the  "  Pension  Certificate,"  etc.,  to  the  Depart- 
ment of  the  Interior. 

If  the  applicant  was  pensioned  on  account  of  a  wound  re- 
ceived previous  to  the  war  of  1812,  he  should  be  exami|^^by 
two  surgeons,  under  a  commission  issued  by  a  judge  of  one  of 
the  United  States  courts,  in  order  to  obtain  an  increase  of  his 
pension. 

The  magistrate  who  may  administer  the  oath  to  the  surgeons 
must  certify  that  they  are  respectable  in  their  professions,  or  he- 


INCREASE   OP  PENSIONS.  483 

lieves,  on  the  information  of  others,  that  they  are  so.  And  the 
official  character  of  the  magistrate  must  be  certified  by  a  proper 
officer  under  his  seal  of  office. 

If  the  claimant  be  within  thirty  miles  of  an  army  surgeon,  he 
"Xmss  obtain  his  testimony. 

Application  for  Increase.   [Army  Case,] 

County  of 

On  this day  of  —     — ,  A.  D.  18 — ,  before  me,  a 

within  and  for  said  county,  personally  appeared ,  a  resi- 
dent of  said  county,  aged  years,  who,  being  by  me 

first  duly  sworn,  declares  that  he  is  the  same  person  in  whose 

favor  a  certificate  of  pension  was  issued  on  the day  of , 

18 — ,  by  the  Secretary  of  the  Interior,  at  the  rate  of ,  per 

month,  from  the  day  of ,  18 — ;  and  which  pension 

has  been  paid  to  him  to  the day  of ,  18 — ;  at  the 

agency  of •,  in  the  State  of .    That  the  disability 

for  which  the  said  pension  was  allowed  was  caused  by  — < , 

in  the  line  of  his  duty  as  a ,  in  company ,  in  the  -  ^— 

regiment  of ,  in  the  war  with  —  — ,  and  was  graduated 

for  [state  the  degree  of  disability  for  which  the  said  pension  was 
allowed,  as:  one-fourth,  one-half,  or  otherwise]  disability  from 
manual  labor.  That  said  disability  has  since  increased  [here  gim 
ike  nature  and  effect  of  the  increase]  and  renders  him  less  able 
than  formerly  to  perform  manual  labor,  as  will  appear  by  the 
surgeon's  affidavit  herewith  filed. 

He  makes  this  declaration  for  the  purpose  of  obtaining  an  in- 
crease of  his  pension,  corresponding  with  the  increase  of  his  dis- 
ability as  aforesaid. 

Claimant's  Signature.] 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said ;  and  I  certify  that  I  have  no  interest  whatever  in  the  fore- 
going claim. 

[  Officer's  Signature.] 


„„ 


Surgeon's  Affidavit. 


hereby  certified  that ,  formerly of  Captain 

's  company,  in  the regiment  of ,  who,  it  appears 

by  the  accompanying  pension  certificate,  was  placed  on  Hie  pen- 
sion roll  at  the  rate  of dollars  per  month,  on  account,  as  he 

states,  of  having  received  a  [here  give  a  particular  description  of 
the  wound,  injury,  or  disease,  and  specify  in  what  manner  it  ha* 


484  INCKEASE   OF   PENSIONS. 

affected  the  applicant  so  as  to  produce  disability  in  the  degree  stated; 
and  show  its  origin  and  progress},  while  in  the  line  of  duty,  and 

in  the  said  service,  on  or  about  the day  of ,  in  the  year 

,  at  a  place  called ,  in  the  State  of ,  is  not  only 

still  disabled  in  consequence  of  the  said  injury,  but  in  the 
opinion  of  the  undersigned,  is  entitled  to  [one-fourth,  one-half, 
or,  ns  the  case  may  be],  more  than  he  already  receives  as  a  pen- 
sioner, being  disabled  to  a  degree  amounting  to  [this  must  befitted 
up  with  the  degree  of  disability,  as  one-fourth,  one-third,  one-half^ 
three-fourths]  a  total  disability. 

[Signatures  of  two  Surgeons.] 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said ;  and  I  certify  that  I  am  acquainted  with and , 

and  know  them  to  be  respectable  surgeons,  in  good  standing  in 
their  profession ;  'and  that  I  have  no  interest  whatever  in  the 
above  claim. 

%  [Officer's  Signature.} 

To  these  must  be  appended  the  certificate  of  the  clerk  of  the 
proper  court,  under  its  sea^  as  to  the  official  character  of  the 
magistrate  administering  the  oaths. 

Application  for  Increase  of  Navy  Invalid  Pensions, 

STATE  OF  - 


County  of j  S8' 

On  this day  of • — ,  18 — ,  before  me, ,  a ,  per- 
sonally appeared ,  a  resident  of ,  who  being  duly 

sworn,  declareth  that  he  is  the  same  person  in  whose  favor  a 

certificate  of  pension  was  issued  on  the day  of ,  18 — , 

under  the  signature  and  seal  of  the  Secretary  of  the  Interior,  at 

the  rate  of dollars  cents  per  month,  from  the  

day  of ,  18 — ,  and  which  pension  has  been  paid  him  to 

the  day  of ,  18 — ,  inclusive,  at  the  Navy  Pension 

Agency. 

That  the  disability  for  which  the  said  pension  was  allowed 

was  caused  by ,  in  the  line  of  his  duty  while  attached  to 

the  United  States  [here  insert  class  or  name  of  vessel],  and  holding 

the  rank  of ,  in  the  year  18 — ,  and  was  graduated  for 

[state  degree  of  disability  mentioned  in  certificate]  disability  from 
manual  labor ;  but  that  such  disability  having  increased,  the  said 

,  for  the  purpose  of  obtaining  a  corresponding  increase 

of  his  pension,  requests  that  a  Board  of  Survey  may  be  ordered 
immediately  in  his  case,  to  be  held  at  the  United  States  Naval 

Station  at . 

[Claimant's  Signature.] 


LOSS    OF   PENSION   CERTIFICATES.  485 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said ;  and  I  certify  that  I  have  no  interest  in  the  above  claim. 

[Officer's  Signature.] 

The  clerk's  certificate  and  seal  must  be  attached  as  in  other 
cases. 

This  declaration  must  be.  accompanied  by  the  affidavit  of  two 
witnesses,  who  can  swear  to  the  claimant's  identity. 


LOSS  OP  PENSION  CERTIFICATES. 

Application  for  Renewal  of  Lost  Certificates. 

STATE  OF 
County  of 

On  this day  of ,  18 — ,  before  the  subscriber,  a 

for  said  county,  personally  appeared ,  who,  on  his 

oajh,  declares  that  he  is  the  same  person  who  formerly  belonged 

to  the  company  commanded  by  Captain ,  in  the  regiment 

commanded  by  Colonel  ,  in  the  service  of  the  United 

States ;  that  his  name  was  placed  on  the  pension  roll  of  the  State 

of ;  that  he  received  a  certificate  of  that  fact  under  the 

signature  ai^d  seal  of  the  Secretary  of ;  which  certificate, 

on  or  about  the day  of -,  18 — ,  at  or  near  [here  state  par- 
ticulars of  loss  or  destruction  of  certificate]: 

[Claimant's  Signature.] 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said ;  and  I  certify  that  I  have  no  interest  in  the  above  claim. 

[Officer's  Signature.] 

Affidavit  of  Witness. 
STATE  OF  -   —  ) ' 

County  of J 

On  this  day  of ,  18 — ,  before  the  subscriber,  a 

—  for  said  county,  personally  appeared ,  who,  on  hia 

oath,  declares  that  he  well  knows ,  who  has  executed  the 

foregoing  affidavit,  to  be  the  identical  pensioner  named  therein. 
He  jMther  says 'that  he  has  no  interest  in  the  above  claim. 

[Signature  of  Witness.] 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said; and  I  certify  that  the  said is  to  me  well  known  to 

be  a  person  of  veracity. 

[Officer's  Signature.] 

Append  certificate  of  clerk,  under  seal,  as  in  other  cases. 


488  TRANSFER   OF   PAY   AGENCY. 

TRANSFER  OF  PAY  AGENCY. 

Form  of  Application  for  a  Transfer  of  Pension  to  another 
Pay-Agency; 

STATE  OF  - 


County  of  - 

On  this  -  day  of  -  ,  18  —  ,  before  me,  the  subscriber,  a 
Justice  of  the  Peace  for  the  said  county  of  -  ,  personally 
appeared  -  ,  who,  on  his  oath,  declares  that  he  is  the  same 
person  who  formerly  belonged  to  the  company  commanded  by 
Captain  -  ,  in  the  regiment  commanded  by  Colonel  -  , 
in  the  service  of  the  United  States  ;  that  his  name  was  placed 
on  the  pension  roll  of  the  State  of  -  ,  from  whence  he  has 
lately  removed  ;  that  he  now  resides  in  the  State  of  -  ,  where 
he  intends  to  remain,  and  wishes  his  pension  to  be  there  payable 
in  future.  The  following  are  his  reasons  for  removing  from  - 
to  -  . 

[  Claimant's  Signature.'} 

Sworn  to  and  subscribed  before  me,  the  day  and  year  afore- 
said. 


Affidavit  of  Witness. 
STATE  OP  --  )  u 
County  of  -  ] 

On  this  -  day  of  -  ,  A.  D.  18  —  ,  before  me,  the  sub- 
scriber, a  -  in  and  for  said  county,  duly  authorized  to  ad- 
minister oaths,  personally  came  -  and  -  -  ,  whom  I 
know  to  be  residents  of  the  county  and  State  aforesaid,  and  per- 
sons whom  I  know  to  be  respectable  and  entitled  to  credit,  and 
•who  being  duly  sworn,  say  that  'they  were  present  and  saw  - 
sign  and  make  oath  to  the  foregoing  affidavit.  They  further 
say  that  they  are  acquainted  with  the  said  -  ,  and  know 
him  to  be  the  identical  person  he  represents  himself  to  be,  and 
who  made  oath  as  aforesaid. 

[Signature  of  Witnesses.] 

Sworn  to  and  subscribed  before  me,  this  -  day  ofl  —  , 
A.  D.  18  —  ;  and  I  certify  that  I  have  no  interest  in  this  ca,  ior 
am  I  concerned  in  its  prosecution. 

[J.  P.] 

The  clerk  of  the  proper  court  must  certify,  under  seal,  to  the 
efucial  character  of  the  magistrate. 


INVALID   PENSIONER.  487 

I.  Application  of  Invalid  Pensioner  for  Payment  of  Pension. 
STATE  OF  — 

County  of 1 

Be  it  known,  that  before  me ,  a  Justice  of  the  Peace,  in 

and  for  the  county  and  State  aforesaid,  duly  authorized  by  law 
to  administer  oaths  for  general  purposes,  personally  appeared 
,  and  made  oath,  in  due  form  of  law,  that  he  is  the  iden- 
tical person  named  in  an  original  certificate  in  his  possession,  of 
which  I  certify  the  following  is  a  true  copy  \Jiere  insert  a  copy  of 

his  certificate  of  pension} :   that  the  said  ,  now  resides  in 

,  and  has  resided  there  for  the  space  of years  past ; 

and  that  previous  thereto  he  resided  in ,  and  that  he  has 

not  been  employed,  nor  paid  in  the  army,  navy,  or  marine  service 

of  the  United  States  from  till  ,  of  the  truth  of 

which  statement  I  am  fully  satisfied. 

[Signature  of  Claimant.] 

[Two  Witnesses.] 

Sworn  to,  and  subscribed  before  me,  this day  of , 

A.  D.  18—. 

[/.  P.] 

Every  two  years  an  examination  of  the  condition  of  the  in- 
valid is  required  before  payment  will  be  made. 

II.  Power  of  Attorney. 

Know  all  men  by  these  presents,  that  I, ,  of ,  in 

the  State  of ,  do  hereby  constitute  and  appoint  

my  true  and  lawful  attorney,  for  me,  and  in  my  name,  to  receive 
from  the  agent  of  the  United  States  for  paying  pensions  in 

,  State  of ,  my  pension  from  the  day  of 

,  18—,  to  the day  of ,  18—. 

Witness  my  hand  and  seal  this day  of ,  18 — . 

Sealed  and  delivered  in  presence  of 

[Two  Witnesses.]  [L.  s.j 

III.   Acknowledgment. 


mown,  that  on  this day  of ,  1 8 — ,  before  me, 

-,  Justice  of  the  Peace,  in  and  for  the  county  and  State  afore- 
said, personally  appeared above  named,  and  acknow- 
ledged the  foregoing  power  of  attorney  to  be  his  act  and  deed. 
In  testimony  whereof,  I  have  hereunto  set  my  hand  the.. day  and 
year  last  above  written. 

[J.P.] 


488  INVALID   PENSIO"NEB. 

IV.  Affidavit  of  Attorney 

STATE  OF 

County  of 

Be  it  known,  that  on  the  day  of ,  18 — ,  before 

me,  a  ,  duly  authorized  by  law  to  administer  oaths  for 

general  purposes,  personally  appeared ,  the  attorney  named 

in  the  foregoing  power  of  attorney,  and  made  oath  that  he  has 
no  interest  whatever  in  the  money  he  is  authorized  to  receive  by 
virtue  of  the  foregoing  power  of  attorney,  either  by  any  pledge, 
mortgage,  sale,  assignment,  or  transfer,  and  that  he  does  not 
know  or  believe  that  the  same  has  been  so  disposed  of  to  any 
person  whatever. 

[Signature  of  Attorney.} 

Sworn  and  subscribed,  the  day  and  year  last  above  mentioned, 
before  me. 

[J.  P.] 

V.  Clerk's  Certificate. 

STATE  OF  — 
County  of  — 

I, ,  clerk  of  the court,  within  and  for  said  county, 

do  hereby  certify  that ,  Esq.,  before  whom  the  foregoing 

declaration  and  power  of  attorney  were  made,  and  who  has 
thereunto  subscribed  his  name,  was,  at  the  time  of  so  doing,  a 
Justice  of  the  Peace,  in  and  for  the  State  and  county  aforesaid, 
duly  commissioned  and  sworn,  and  that  his  signature  thereto  is 
genuine. 

In  testimony  whereof  I  have  hereunto  signed  my  name, 

[L.  s.]      and  affixed  my  official  seal,  this  day  of , 

18—. 

,  Cleric. 

VI.  Widow's  Application. 

STATE  OP  -  --  ) 
County  of —    ' 

Be  it  know?',  that  before  me, ,  a  Justice  of  the 

and  for  the  county  aforesaid,  duly  authorized  by  law  tcl 

ister  oaths,  personally  appeared  ,  widow  of --^Rid 

made  oath  in  due  form  of  law,  that  she  is  the  identical  person 
named  in  an  original  certificate  in  her  possession,  of  which  (I 
certify)  4his  is  a  true  copy  [here  insert  a  copy  of  hw  certificate  of 
pension}:  that  she  has  not  intermarried,  but  continues  the 
widow  of  the  above-mentioned ,  and  that  she  now  resides 


INVALID   PENSIONER.  489 

in  -  ,  and  has  resided  there  for  the  space  of  -  years  past; 
and  that  previous  thereto  she  resided  in  ----  ,  of  the  truth  of 
which  statement  I  ana  fully  satisfied. 

[Claimant's  Signature.] 
[Two  Witnesses.} 

Sworn  to,  and  subscribed  before  me,  this  -  day  of  --  , 
A.  D.  18—. 

[  *  P-} 
VII.  Guardian's  Application. 

STATE  OF  -  ) 
County  of  -  :J  8S' 

Be  it  known,  that  before  me,  -  ,  a  Justice  of  the  Peace,  in 
and  for  the  county  aforesaid,  duly  authorized  by  law  to  admin- 
ister oaths,  personally  appeared  -  ,  guardian  of  --  ,  and 
made  oath  in  due  form  of  law,  that  the  said  -  is  still  liv- 
ing, and  is  the  identical  person  named  in  an  orignal  certificate  in 
his  possession,  of  which  (I  certify)  the  following  is  a  true  copy 
[here  insert  a  copy  of  the  certificate]  :  that  --  now  resides  in 
-  ,  and  has  resided  there  for  the  space  of  -  years  past  ; 
and  that  previous  thereto  —  resided  in  -  r-;  of  the  truth  of 
which  statement  I  am  fully  satisfied. 

---  ,  Guardian. 

[Two  Witnesses.} 

Sworn  to  and  subscribed  before  me  this  -  day  of  -  , 
A.  D.  18—. 

[J.  P.} 

Here  must  follow  a  power  of  attorney,  acknowledgment^ 
affidavit,  and  clerk's  certificate,  according  to  the  foregoing  forms, 


"A." 
Application  of  Invalid  Naval  Pensioner. 

*  STATE  OP  ---  ) 
>?  County  of  -  \  8S- 

Be  it  krown,  that  -before  me,  a  -  ,  in  and  for  the  county 
aforesaid,  personally  appeared  -  ,  an  invalid  pensioner,  and 
made  oath  in  due  form  of  law,  that  he  is  the  identical  - 
named  in  an  original  certificate  of  pension,  bearing  date  at  the 
—  Department,  on  the  -  day  of  -  ,  and  signed  by 
-  ,  Secretary  of  the  --  ;  which  certificate  he  exhibited 
to  me,  and  by  which  it  appears  that  he  is  entitled  to  a  pension 
of  —  dollars  per  month. 

[Ctaimem&s  Signature.} 


490  INVALID   PENSIONER. 

Sworn  to,  and  subscribed  before  me,  this day  of , 

A.  D.  18—. 

[Officer's  SignatureJ\ 

To  this  must  be  added  a  power  of  attorney,  acknowledgment, 
affidavit,  and  clerk's  certificate,  as  in  army  applications. 

"B." 

Application  of  Widow  Pensioner. 
STATE  OP \ 


County  of 

Be  it  known,  that  before  me,  a ,  in  and  for  the  county 

aforesaid,  personally  appeared ,  widow  of ,  and 

made  oath  in  due  form  of  law,  that  she  is  the  identical 

named  in  an  original  certificate  of  pension,  bearing  date  at  the 

Department,  on  the  day  of ,  and  signed  by 

the  Secretary  of  the ;   which  certificate  she  exhibited  to 

me,  and  by  which  it  appears  she  is  entitled  to  a  pension  of  — 
dollars  per  month,  and  that  she  has  not  intermarried,  but  con- 
tinues the  widow,  of  the  said . 

[Claimant's  Signature] 

Sw;-  "  to,  and  subscribed  before  me,  this day  of , 

A   D.  l&— .. 

[  Officer's  Signature] 

"C." 

Application  of  Guardian  of  Minor  Children. 

STATE  OF 
County  of 

Be  it  known,  that  before  me,  a ,  in  and  for  the  county 

aforesaid,   personally  appeared ,  guardian  of   , 

orphan  child  [or  children]  of ,  and  made  oath  in  due  form 

of  law,  that  he  is  the  guardian  named  in  the  accompanying  cer- 
tificate of  guardianship;  that  his  wards  are  the  children  of 

,.  referred  to  in  an  original  certificate  of  pension,  bearing 

date  at  the Department,  on  the day  of ,  and 

signed  by ,  Secretary  of  the ;  by  which  it  appears 

that  they  are  entitled  to  a  pension  of  —  dollars  per  month ;  and 
that  said  children  are  still  living,  and  not  over  sixteen  years  of 
age. 

[Claimant's  Signature.] 

Sworn  to.  and  subscribed  before  me,  this  day  of . 

A.  D.  1&-. 

[  Officer's  Signa  ture.] 


PENSIONER'S  OATH  OP  ALLEGIANCE.  491 


Surgeon's  Affidavit 

We,  the  subscribers,  practicing  physicians  [or  surgeons]  in  the 
town  of  ,  county  of  —  — ,  and  State  of ,  do  here- 
by certify  that  we  have  carefully  examined ,  who  is  now  on 

the  invalid  pension  roll  of  the  agency  of -,  in  the  State  of 

,  and  find  that  [here  describe  his  present  physical  condition  and 

disability}.  And  further,  that  his  present  disability  for  obtain- 
ing subsistence  by  manual  labor  amounts  to  [one-founth,  one- 
third,  one-half,  two-thirds,  three-fourths,  or  total,  as  tlie  case  may 
be.]  ,  Physicians  [or  Surgeons.]  fc 

Sworn  to  and.  subscribed  before  me  this day  of ,  A.  D. 

18 — ;  and  I  certify  that  I  am  acquainted  with  the  said and 

,  and  know  them  to  be  physicians  [or  surgeons]  in  good 

standing  in  said  town  of  r-*-»,  as  to  skill  and  integrity. 

[  Officer's  Signature.] 

Oath,  of  Allegiance. 
STATE  OF  — 
County  of  — 

I,  —    — ,  a  pensioner  of  the  United  States,  do  solemnly  

that  I  will  support,  protect  and  defend  the  Constitution  and 
Government  of  the  United  States,  against  all  enemies,  whether 
domestic  or  foreign,  and  I  will  bear  true  faith,  allegiance  and 
loyalty  to  the  same,  any  ordinance,  resolution  or  law  of  any 
State  Convention  or  Legislature  to  the  contrary  notwithstanding ; 
and  further,  that  I  do  this  with  a  full  determination,  pledge 
and  purpose,  without  any  mental  reservation  or  evasion  what 
soever ;  and  further,  that  I  will  well  and  faithfully  perform  all 
the  duties  which  may  be  required  of  me  by  law.  So  help  me 
God. 

[Pensioner's  Signature.'} 

Subscribed  and  sworn  to  before  me  this day  of , 

18—. 

[  Officer's  Signature.] 

ST  \TE  OF    i 

County  of  — 

]? — .    — }  clerk  of  the court,  within  and  for  said  county, 

do  fiflreby  certify  that ,  Esq.,  before  whom  the  foregoing 

declaration  and  power  of  attorney  were  made,  and  who  has 
thereunto  subscribed  his  name,  was  at  the  time  of  his  so  doing  a 
Justice  of  the  Peace,  in  and  for  the  said  State  and  county,  duly 
commissioned  and  sworn,  and  that  his  signature  thereto  is 
genuine. 


t'J2  PENSIONER'S  OATH  OF  ALLEGIANCE. 

* 

In  testimony  whereof  I  hav«  hereunto  signed  my  name 

[j..  s.]        and  affixed  my  offical  seal,  this day  of , 

18—. 

,  Clerk. 

I. 

Form  of  Declaration  to  be  made  by  a  Person  who  has 
never  before  had  a  Land  Warrant  nor  made  a  Declaration 
therefor. 

STATE  OF  ) 

County  of \    ' 

On  this day  of— — ,  A.  D.  one  thousand  eight  hundred 

and ,  personally  appeared  before  ine,  a  Justice  of  the  Peace 

[or  other  officer  authorized  to  administer  oaths  for  general  purposes], 

within  and  for  the  county  and  State  aforesaid, ,  aged 

years,  a  resident  of in  the  State  of ,  who,   being  duly 

sworn  according  to  law, '  declares  that  he  is  the  identical , 

who  was  a in  the  company  commanded  by  Captain ,  in 

the  regiment, ,  commanded  by ,  in  the  war  with 

Great  Britain,  declared  by  the  United  States,  on  the  18th  day  of 
June,  1812  [or  other  war  emlwaced  in  said  act,  describing  what  war] ; 

that  he  enlisted  [or  volunteered  or  was  drafted],  at ,  on  or 

about  the  day  of ,  A.  D. ,  for  the  term  of , 

and  continued  in  actual  service  in  said  war  for  the  term  of  four- 
teen days,  and  was  honorably  discharged  at         ,  on  the 
day  of ,  A.  D. . 

He  makes  this  declaration  for  the  purpose  of  obtaining  the 
bounty  land  to  which  he  may  be  entitled  under  the  act  approved 
March  3, 1855.  He  also  declares  that  he  has  not  received  a  war- 
rant for  bounty  land  under  this  or  any  other  act  of  Congress,  nor 
made  any  other  application  therefor. 

[Claimant's  Signature.'] 

V»'e, and ,  residents  of ,  in  the  State  of ,  upon 

our  oaths  declare  that  the  foregoing  declaration  was  signed  and 

acknowledged  by ,  in  our  presence,  and  that  we  believe,  from 

the  appearance  and  statements  of  the  applicant,  that  he  is  the 
identical  person  he  represents  himself  to  be. 

[Signatures  of  Witnesses.'] 

The  foregoing  declaration  and  affidavit  were  sworn  to  and 
subscribed  before  me,  on  the  day  and  year  above  written;  and  I 
certify  that  I  know  the  affiants  to  be  credible  persons ,  that  the 
claimant  is  the  person  he  represents  himself  to  be,  and  that  I 
*»*»ve  no  interest  in  his  claim. 

[J.  P.] 


LAND   WAKKANTS.  493 

II. 

Form  of  a  Declaration  to  be  made  where  the  Party  has  had 
a  Warrant  and  desires  another. 

STATE  OF ) 

County  of \  ss' 

On  this  day  of — =-,  A.  D.  one  thousand  eight  hundred 

and ,  personal!/  appeared  before  me  a  Justice  of  the  Peaco 

[or  other  officer  authorized  to  administer  oaths  for  general  purposes'], 

within  and  for  the  county  aforesaid, ,  aged years,  a 

resident  of ,  in  the  State  of,  who,  being  by  me  duly  sworn 

according  to  law,  declares  that  he  is  the  identical who  was 

a in  the  company  commanded  by  Captain ,  in  the 

regiment  of ,   commanded  by ,   in  the  war  with  Great 

Britain,  declared  by  the  United  States  on  the  1 8th  day  of  June, 

1812  [or  other  war  as  the  case  may  fie],  for  the  term  of ,  and 

continued  in  actual  service  in  said  war  for  fourteen  days ;  that 
he  has  heretofore  made  application  for  bounty  land,  under  the 
"  act  of  September  28,  1850"  [or  other  act,  as  the  case  may  le], 

and  received  a  land  warrant,  No. for acres,  which  he 

has  since  legally  disposed  of,  and  cannot  now  return. 

He  makes  this  declaration  for  the  purpose  of  obtaining  the 
additional  bounty  land  to  which  he  may  be  entitled  under  the 
"  act  approved  the  3d^  day  of  March,  1855."  He  also  declares 
that  he  has  never  applied  for  nor  received  under  this  act  nor  any 
other  act  of  Congress,  any  bounty  land  warrant,  except  the  one 
above  mentioned.  [Signature  of  the  Glaimant^\ 

We,  — • —  and ,  residents  of ,  in  the  State  of , 

upon  our  oaths  declare  that  the  foregoing  declaration  was  signed 

and  acknowledged  by in  our  presence,  and  that  we  believe, 

from  the  appearance  and  statements  of  the  applicant,  that  he  ia 
the  identical  person  he  represents  himself  to  be. 

[Signatures  of  Witnesses.] 

The  foregoing  declaration  and  affidavit  were  sworn  to  and 
(subscribed  before  me  on  the  day  and  year  above  mentioned  ;  and 
I  certify  that  I  know  the  affiants  to  be  credible  persons ;  that  the 
claimant  is  the  person  he  represents  himself  to  be,  and  that  I 
have  no  interest  in  this  claim. 

[J.  P.] 

III.  Form  of  Declaration  to  be  made  by  the  Widow  of  a  De- 
ceased Person  who  has  not  had  a  Land  Warrant. 
STATE  OF  - 


County  of f  5*' 

On  this •  day  of ,  A.  D.  one  thousand  eight  hundred 


494  "LAND   WAEEATTTS. 

and ,  personally  appeared  before  me,  a  Justice  of  the  Peace 

[or  other  "officer  authorized  to  administer  oaths  for  general  purposes]^ 

within  and  for  the  county  and  State  aforesaid, ,  aged 

years,  a  resident  of ,  in  the  State  of ,  who,  being  duly 

sworn  according  to  law,  declares  that  she  is  the  widow  of , 

deoeased,  who  was  a in  the  company  commanded  by  Captain 

,  in  the regiment of ,  commanded  by ,  in 

the  war  with  Great  Britain,  declared  by  tne  United  States,  on 
the  18th  day  of  June,  1812  [or  other  war,  as  the  case  may  be] ;  that 

her  said  husband  enlisted  [or  volunteered,  or  was  drafted]  at , 

on  or  about  the day  of ,  A.  D. ,  for  the  term  of 

,  and  continued  in  actual  service  in  said  war  for  the  term  of 

,  and  was  honorably  discharged  at ,  on  the day  of 

,  A.  D. .     She  further  states  that  she  was  married  to 

the  said ,  in ,  on  the day  of ,  A.  D. , 

by  one ,  a ,  and  that  her  name  before  her  said  mar- 
riage was  ;  that  her  said  husband  died  at ,  on  the 

the day  of ,  and  that  she  is  now  a  widow. 

She  makes  this  declaration  for  the  purpose  of  obtaining  the 
bounty  land  to  which  she  may  be  entitled  under  the  "  act  ap- 
proved March  8,  1855 ;"  and  she  further  declares  that  she  has 
not  received  or  applied  for  bounty  land  under  this  or  any  other 
act  of  Congress. 

[Claimant's  Signature.] 

We, and ,  residents  of ,  in  the  State  of -,  upon 

our  oaths  declare  that  the  foregoing  declaration  was  signed  and 
acknowledged  by  in  our  presence,  and  that  we  believe, 

from  the  appearance  and  statements  of  the  applicant,  that  she  is 
the  identical  person  she  represents  herself  to  be. 

[Signatures  of  Witnesses.] 

The  foregoing  declaration  and  affidavit  were  sworn  to  and  sub- 
scribed before  me,  on  the  day  and  year  above  written ;  and  I 
certify  that  I  know  the  affiants  to  be  credible  persons ;  that  the 
claimant  is  the  person  she  represents  herself  to  be,  and  that  I 
have  no  interest  in  this  claim. 

[J.  P.] 

[Add  certificate  of  clerk,  under  seal;  as  in  other  cases.] 

IV.  Form  of  Declaration  to  be  made  bythe  Widow  of  a  De- 
ceased Person  who  has  had  a  Land  warrant,  and  desire* 
another. 

STATE  OF ) 

County  of J   * 

Ou  this day  of ,  A.  D.  one  thousand  eight  hundred 


LAND   WAKKANTS.  495 

and ,  personally  appeared  before  me,  a  Justice  of  the  Peace 

[o-r  other  officer  authorized  to  administer  oaths  for  general  purposes], 

within  and  for  the  county  and  State  aforesaid,  ,  aged • 

jears,  a  resident  of ,  in  the  State  of ,  who  being  duly 

sworn  according  to  law,  declares  that  she  is  the  widow  of , 

deceased,  who  was  a in  the  company  commanded  by  Cap- 
tain   ,  in  the regiment  of ,  commanded  by ,  in 

the  war  with  Great  Britain,  declared  by  the  United  States,  on 
the  18th  day  of  June,  1812  [or  other  war,  as  the  case  may  he]* 
that  her  husband  enlisted  [or  volunteered,  or  was  drafted]  at 

*- ,  on  or  about  the day  of ,  A.  D. ,  for  the  term 

of ,  and  continued  in  actual  service  in  said  war  for  the  term 

of ,  and  was  honorably  discharged  at ,  on  the day 

of ,  A.  D. .     She  further  states  that  she  was  married 

to  the  said ,  in ,  on  the ,  day  of •  ,  A.  D. 

,  by  one ,  a ,  and  that  her  name  before  hei 

said  marriage  was ;  that  her  said  husband  died  at on 

the day  of A.  D.  ,  for  proof  of  which  she  refers  to 

her  former  declaration ;  and  that  she  is  now  a  widow.  She  fur- 
ther declares  that  she  has  heretofore  made  application  for  bounty 
land,  under  the  "  act  approved  September,  28,  1850  [or  other  act 
as  the  case  may  he],  and  obtained  a  land  warrant  for  acres, 

No. ,  which  she  has  legally  disposed  of  and  it  can  not  now 

be  returned. 

She  makes  this  declaration  for  the  purpose  of  obtaining  the 
bounty  land  to  which  she  may  be  entitled  under  the  "  act  ap- 
proved March  3,  1855." 

[Claimant's  Signature.] 

We. and residents  of ,  in  the  State  of ,  upon 

our  oaths  declare  that  the  foregoing  declaration  was  signed  and 

acknowledged  by  — ,  in  our  presence ;  and  that  we  believe, 

from  the  appearance  and  statement  of  the  applicants,  that  she  ia 
the  identical  person  she  represents  herself  to  be,  and  is  still  a 
widow. 

[Signatures  of  Witnesses] 

The  foregoing  declaration  and  affidavit  were  sworn  to  and 
subscribed  before  me  on  the  day  and  year  above  written ;  and  I 
certify  that  I  know  the  affiants  to  be  credible  persons,  that  the 
claimant  is  the  person  she  represents  herself  to  be,  and  ia  still  a 
widow ;  and  that  I  have  no  interest  in  this  claim. 

[J.  P.] 

[Attach  cleik's  certificate  and  seal  in  the  usual  form.] 

It  is  not  necessary  that  proof  of  marriage  and  death  should 


496  LAND   WAKRAN1S. 

Accompany  the  foregoing  declaration :  the  only  additional  proof 
required  being  continued  icidownood. 


FORMS  AND  REGULATIONS  FOR  THE  ASSIGNMENT 

OF  LAND  WARRANTS  AND  LOCATIONS. 

Form  of  Assignment.— No.  1. 

For  value  received,  I ,  to  whom  the  within  warrant,  No. 

,  was  issued,  do  hereby  sell  and  assign  unto ,  of , 

and  his  heirs  and  assigns  forever,  the  said  warrant,  and  author- 
ize him  to  locate  the  same,  and  receive  a  patent  therefor.  Wit- 
ness my  hand  and  seal,  this day  of ,  A.  D.  18 — . 

[L.  s.] 
Attest:  [Two  Witnesses.] 


STATE  OF  — 
County  of  — 

On  this  day  of ,  in  the  year  eighteen  hundred  and 

-,  before  me  personally  came ,  to  me  well  known,  and 

acknowledged  the  foregoing  assignment  to  be  his  act  and  deed, 

and  I  certify  that  the  said is  the  identical  person  to  whom 

the  within  warrant  issued,  and  who  executed  the  foregoing  as- 
signment thereof. 

[Officer's  Signature.} 

Acknowledgment  where  the  Vendor  is  not  known  to  the 
Officer,  and  Ms  Identity  has  to  be  proved. 

STATE  OF  — 
County  of  * — 

On  this day  of ,  in  the  year ,  before  me 

personally  came ,  and ,  and  the  said being  well 

known  to  me  as  a  credible  and  disinterested  person,  was  duly 
sworn  by  me,  and  on  his  oath  declared  and  said  that  he  well 

knows  the  said ,  and  that  he  is  the  same  person  to  whom 

the  within  warrant  issued  [or  was  assigned],  and  who  executed 
the  foregoing  assignment,  and  his  testimony  being  satisfactory 
evidence  to  me  of  that  fact,  the  said therefore  acknowl- 
edged the  said  assignment  to  be  his  act  aud  deed. 

[Officer's  Signature.} 

Form  for  the  Assignment  of  the  Location.— No.  2. 

For  value  received,  I, ,  to  whom  the  within  certificate  of 

location  was  issued,  do  hereby  soil  and  assign  unto ,  and  to 


LAND   WAKRANTS.  497 

his  heirs  and  assigns  forever,  the  said  certificate  of  location,  and 
the  warrant  and  land  therein  described,  and  authorize  him  to 
receive  the  patent  therefor. 

Witness  my  hand  and  seal,  this  -  day  of  -  ,  18  —  . 

[L.  s.] 
Attest:  [Two  Witnesses.] 

Form  of  Acknowledgment  where  the  Vendor  is  Personally 
known  to  the  Officer  taking  the  same. 

STATE  OF  — 
County  of  — 

On  this  -  day  of  -  ,  in  the  year  -  ,  personally  ap- 
peared [here  insert  the  name  of  the  person  to  whom  the  certificate  of 
location  issued],  to  me  well  known,  and  acknowledged  the  forego- 
ing assignment  to  be  his  act  and  deed  ;  and  1  certify  that  the 
said  [here  insert  the  name  of  the  person  to  whom  the  certificate 
issued]  is  the  identical  person  to  whom  the  within  certificate  of 
location  issued,  and  who  executed  the  forgoing  assignment 
thereof.  [Officer's  Signature.] 

By  the  terms  of  the  law  granting  bounty  lands,  the  fees  are  as 
follows  : 

For  a  forty-acre  warrant,  fifty  cents  each  to  a  register  and  re- 
ceiver—total, $1.00. 

For  an  eighty-acre  warrant,  one  dollar  each  to  register  and  re- 
ceiver—total, $2.00. 

For  a  one  hundred  and  sixty  acre  warrant,  two  dollars  each  to 
register  and  receiver  —  total,  $4.00. 

Form  of  a  Power  of  Attorney. 

Know  all  men  by  these  presents,  that  I  [here  insert  the  name  of 
warrantee],  of  the  county  of  --  ,  and  State  of  --  ,  do 
nereby  constitute  and  appoint  -  ,  of  --  ,  my  true  and  law- 
ful attorney,  for  me,  and  in  my  name,  to  sell  and  convey  [of 
locate,  as  the  case  may  ~be\  the  within  land  warrant,  No.  -  ,  for 
-  acres  of  land,  which  issued  under  the  act  of  September, 
1850. 

° 


STATE  OF  -  ) 
County  of  --  \     ' 

On  this  --  day  of  -  ,  in  the  year  18  —  ,  personally  ap 
peared  ---  ,  before  the  undersigned  authority  within  and  fo* 


498  RESTORATION   TO   PENSION   EOL1S. 

eaid  county,  and  acknowledged  the  foregoing  power  of  attorney 
to  be  his  act  and  deed ;  and  I  certify  that  I  am  acquainted  with 

the  said ,  and  know  him  to  be  the  same  person  who  is 

described  in  said  power,  and  who  executed  the  same. 

[  Officer's  Signature.} 

[Here  must  follow  the  certificate  of  the  clerk,  under  seal,  as  in 
other  cases.] 


Pensions  in  States  heretofore  in  Insurrection. 

By  an  Act  approved  February  4, 1862,  the  names  of  all  peisona 
living  in  the  States  declared  in  insurrection  were  dropped  from 
the  pension  rolls.  Persons  heretofore  receiving  pensions  in  those 
States,  who  still  claim  the  benefits  of  the  pension  laws,  must 
make  application  for  restoration  to  the  rolls,  with  the  requisite 
evidence  in  accordance  with  the  following  forms  and  instruc- 
tions : 

Form  of  application  for  restoration  to  the  pension  rolls  by 
persons  whose  names  have  been  dropped  under  the  act 
February  four,  eighteen  hundred  and  sixty-two. 

STATE  OF  

County  of 

On  this day ,  A.  D.  one  thousand  eigftt  hundred  and 

,  personally  appeared  before  me,  [judge,  clerk,  or  deputy 

clerk,]  of  the court  in  said  State  and  county,  the  same  being 

a  court  of  record, A.  B. ,  aged years,  a  resident  of 

,  in  the  State  of ,  who,  being  dnly  sworn  according  to 

law,  declares  that  he  [or  she[  is  the  identical A.  B.  —  —  who 

was  a  pensioner  on  the  roll  of  the  agency  at ,  and  whose 

pension  certificate  is  herewith  returned ;  that  he  [or  she]  has 
resided  since  the  first  day  of  January,  A.  D.  eighteen  hundred 
and  sixty-one,  as  follows :  [here  nams  the  place  or  places  at  which 
the  applicant  has  resided ;]  that  during  this  period,  his  [or  her] 
means  of  subsistence  have  been  [here  name  the  employment  or 
other  means  by  which  a  livelihood  has  been  gained ;]  and  that  he 
has  not  borne  arms  against  the  Government  of  the  United  States, 
or  [or  she  has  not]  in  any  manner  encouraged  the  rebels,  or  mani- 
fested a  sympathy  with  their  cause ;  and  that  he  [or  she]  was  last 
paid  his  [er  her]*pension  on  the dyy  of ,  A.  D.,  18—. 

This  application  is  made  for  the  purpose  of  securing  a  restore 


RESTORATION   TO   PENSION   BOLLS.  409 

tion  of  his  [or  lier]  name  to  the  pension  rolls,  and  of  obtaining  a 
new  pension  certificate,  such  as  he  [or  she]  may  be  entitled  to 
under  existing  laws,  reference  being  made  to  the  evidence  here- 
tofore tiled  in  the  Pension  Office  to  substantiate  his  [or  her] 
original  claim. 

[Signature  of  applicant.'] 

Also  personally  appeared and ,  residents  of, 

[county,  city,  or  town,]  persons  whom  I  certify  to  be  respectable 
and  entitled  to  credit,  and  who,  being  by  me  duly  sworn,  say 
that  they  were  present  and  saw  -  —  sign  his  [or  her]  name  [or 
make  his  mark]  to  the  foregoing  declaration  ;  and  they  further 
swear  that  they  have  every  reason  to  believe,  from  the  appearance 
of  the  applicant  and  their  acquaintance  with  him,  [or  her,]  tbat 
he  [or  she]  is  the  identical  person  he  [or  she]  represents  himself 
[or  herself]  to  be ;  and  they  further  swear  that  they  have  no  in 
terest  in  the  prosecution  of  this  claim. 

I/Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me,  this  -    -  day  of  , 

A.  D.  18 — ;  and  I  hereby  certify  that  I  have  no  interest,  direct 
or  indirect,  in  the  prosecution  of  this  claim. 

INSTRUCTIONS.    • 

If  the  declarant,  or  any  witness,  signs  by  mark,  the  officer  must 
certify  that  the  contents  of  the  paper  were  made  known  to  the 
affiant  before  signing'. 

In  every  case  the  declaration  or  affidavit  must  either  be  signed 
by  the  affiant's  own  hand  or  else  by  mark  (  X  ).  Signing  by  an- 
other hand,  when  the  party  is  unable  to  write,  is  wholly  inad- 
missible. 

The  allegations  made  in  the  applicant's  declaration  must  oe 
sustained  by  the  testimony  of  two  credible  and  disinterested 
witnesses,  to  be  certified  as  such  by  the  officer  before  whom  the 
testimony  is  taken. 

The  applicant  must  also  take  and  subscribe  the  oath  prescribed 
in  the  recent  amnesty  proclamation  of  the  President  of  the  United 
States,  filing  such  oath  with  the  application  for  a  new  pension 
certificate,  in  the  following  terms : 

I, ,  do  solemnly  swear  [or  affirm]  in  the  presence  of 

Almighty  God,  that  I  will  henceforth  faithfully  support,  protect 
and  defend  the  Constitution  of  the  United  States  and  the  Union 


600       COMMUTATION   TO   LOYAL    OWXEBS    OF   SLAVES. 

of  the  States  thereunder ;  that  I  will,  in  like  manner,  abide  by 
and  faithfully  support  all  laws  and  proclamations  which  hare 
made  during  the  existing  rebellion  with  reference  to  the  eman 
cipation  of  slaves :  So  help  me  God. 

If  the  applicant  be  an  invalid  pensioner,  h^  must  be  examined 
by  an  army  surgeon,  or  by  a  surgeon  duly  appointed  by  this 
office,  as  to  the  continuance  of  his  disability.  If  a  widow,  she 
must  prove,  by  two  credible  witnesses,  her  continued  widowhood 
If  the  guardian  of  a  minor  child,  newly  appointed,  he  must  fil» 
evidence  of  his  appointment  as  such. 

Commutation  to  loyal  owners  of  slaves  who  enlisted  in  the 
armies  of  the  United  States. 

Approved  July  twenty-seven,  eighteen  hundred  and  Mity-six. 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  so  much  of 
any  money  in  the  treasury,  known  as  the  "  commutation  fund," 
as  may  be  necessary,  be,  and  the  same  is  hereby,  appropriated  for 
the  payment  to  loyal  persons  claiming  service  or  labor  from  col- 
ored volunteers  or  drafted  men,  the  amounts  heretofore  or  here- 
after to  be  awarded  them  under  the  provisions  of  section  twenty- 
fourth  of  the  act  entitled  "  An  act  to  amend  an  act  entitled  '  An 
act  for  enrolling  and  calling  out  the  national  forces,  and  for  other 
purposes,'  "  approved  February  twenty-foqrth,  eighteen  hundred 
and  sixty-four,  for  each  person  so  claimed  to  be  held  to  service  or 
labor  who  has  enlisted  or  been  drafted  into  the  military  service 
of  the  United  States ;  but  such  payment  shall  in  no  case  be  made 
to  any  person  except  upon  satisfactory  proof  that  the  claimant 
has  firmly  and  faithfully  maintained  his  or  her  adherence  and 
allegiance  to  the  Government  of  the  United  States  by  defending 
its  cause  against  the  government  of  the  so-called  Confederate 
States  of  America  in  all  suitable  and  practicable  ways,  and  ac- 
cording to  his  or  her  ability  and  opportunity ;  Provided,  That  no 
money  shall  be  paid  under  the  foregoing  provision  until  the 
rinal  report  of  the  commissioners  under  the  act  aforesaid  -shall 
have  been  made  on  all  the  claims  embraced  in  the  twenty-fourth 
section  of  said  act. 

[By  the  terms  of  section  twenty-four,  act  approved  February 
twenty-four,  eighteen  hundred  and  sixty-four,  it  is  provided  that 
the  Secretary  of  War  shall  appoint  a  commission  in  each  of  the 
slave  States  represented  in  Congress,  charged  to  award  to  each 
loyal  person  to  whom  a  colored  volunteer  may  owe  service  a  just 
compensation,  not  exceeding  three  hucdred  dollars.  Claims 


EQUALIZATION   BOUNTY   BILL.  501 

arising  under  tliis  law  are  to  be  submitted  to  the  War  Depart- 
ment.] 

Equalization  Bounty  Bill. 

Approved  July  twenty-eight,  eighteen"  hundred  and  sixty- sir. 

Be  it  enacted  by  the  Senate  and  Souse  of  Jtepresentatives  of  tJie 
United  States  of  America  in  Congress  assembled,  That  each  and 
every  soldier  who  enlisted  in  the  army  of  the  United  States  after 
the  nineteenth  day  of  April,  eighteen  hundred  and  sixty-one,  foi 
a  period  of  not  less  than  three  years,  and  having  served  the  term 
of  his  enlistment,  has  been  honorably  discharged,  and  who  has 
received,  or  who  is  entitled  to  receive,  from  the  United  States, 
under  existing  laws,  a  bounty  of  ono  hundred  dollars,  and  no 
more ;  and  any  such  soldier  enlisted  for  not  less  than  three  years, 
who  has  been  honorably  discharged  on  account  of  wounds  re- 
ceived in  the  line  of  duty,  and  the  widow,  minor  children,  or 
parents  in  the  order  named,  of  any  such  soldier  who  died  in  the 
service  of  the  United  States,  or  of  disease  or  wounds  contracted 
while  in  the  service,  and  in  the  line  of  duty,  shall  be  paid  the 
additional  bounty  of  one  hundred  dollars  hereby  authorized. 

SEC.  2.  And  be  it  further  enacted,  That  to  each  and  every  sol- 
dier who  enlisted  into  the  army  of  the  United  States  after  the 
nineteenth  day  of  April,  eighteen  hundred  and  sixty-one,  for  a 
period  of  not  less  than  two  years,  and  who  is  not  included  in  the 
foregoing  section,  and  has  been  honorably  discharged  after  serv- 
ing two  years,  and  who  has  received  or  is  entitled  to  receive 
from  the  United  States,  under  existing  laws,  a  bounty  of  one 
hundred  dollars,  and  no  more,  shall  be  paid  an  additional  bounty 
of  fifty  dollars ;  and  any  such  soldier  enlisted  for  not  less  than 
two  years,  who  has  been  honorably  discharged  on  account  of 
wounds  received  in  the  line  of  duty,  and  the  widow,  minor  chil- 
dren, or  parents  in  the  order  named,  of  any  such  soldier  who  died 
in  the  service  of  the  United  States,  or  of  disease  or  wounds  con- 
tracted while  in  the  service,  and  in  the  line  of  duty,  shall  be  paid 
the  additional  bounty  of  fifty  dollars  hereby  authorized. 

SEC.  3.  And.  be  it  further  enacted,  That  any  soldier  who  shall 
have  bartered,  sold,  assigned,  transferred,  loaned,  exchanged,  or 
given  away  his  final  discharge  papers,  or  any  interest  in  the 
bounty  provided  by  this  or  any  other  act  of  Congress,  shall  not 
be  entitled  to  receive  any  additional  bounty  whatever ;  and  when 
application  is  made  by  any  soldier  for  said  Bounty,  he  shall  be 
required,  under  the  pains  and  penalties  of  perjury,  to  make  oath 
or  affirmation  of  his  identity,  and  that  he  has  not  so  bartered* 
sold,  assigned,  transferred,  exchanged,  loaned,  or  given  awaj 
either  his  discharge  papers  or  any  interest  in  any  bounty  as  afore- 
laid.  And  no  claim  for  such  bounty  shall  be  entertained  by  tha 


602  EQUALIZATION   BOUNTY   BILL. 

Paymaster  General  or  other  accounting  or  disbursing  officer,  ex- 
cept upon  the  receipt  of  the  claimant's  discharge  papers,  accom- 
panied by  the  statement,  under  oath,  as  by  this  section  provided. 
SEC.  4.  And  ~be  it  further  enacted,  That  in  the  payment  of  the 
additional  bounty  herein -provided  for,  it  shall  be  the  duty  of  the 
Paymaster  General,  uider  such  rules  and  regulations  as  may  be 
prescribed  by  the  Secretary  of  War,  to  cause  to  be  examined  the 
accounts  of  each  and  every  soldier  who  makes  application  there- 
^or,  and  if  found  entitled  thereto,  shall  pay  said  bounties. 

SEC.  5.  And  T)e  it  further  enacted,  That  in  the  reception,  exami- 
ation,  settlement,  and  payment  of  claims  for  said  additional 
oounty  due  the  widows  or  heirs  of  deceased  soldiers,  the  account- 
ing officers  of  the  Treasury,  shall  be  governed  by  the  restrictions 
prescribed  for  the  Paymaster  General  by  the  Secretary  of  War, 
and  the  payment  shall  be  made  in  like  manner  under  the  direc- 
tion of  the  Secretary  of  the  Treasury. 

[This  law  creates  a  large  number  of  claims,  and  in  their  exami- 
nation and  adjustment  the  accounting  officer  will  require  that  the 
provisions  of  the  third  section  of  the  law  be  strictly  observed. 
All  claims  arising  under  this  law  in  favor  of  the  heirs  of  deceased 
soldiers,  and  all  claims  arising  from  the  service  of  colored  troops 
will  be  presented  to  the  Second  Auditor  of  the  Treasury ;  all  by 
discharged  soldiers  will  be  presented  to  the  Paymaster  General.] 

Rules  and  Regulations. 

The  following  rules  and  regulations  for  the  payment  of  boun 
ties  under  the  act  to  equalize  bounties,  approved  July  twenty- 
eight,  eighteen  hundred  and  sixty-six,  have  been  made  by  the 
War  Department : 

1.  All  applications  shall  be  filed  within  a  period  of  six  month* 
from  the  first  day  of  October,  eighteen  hundred  and  sixty-six, 
and  before  any  payments  are  made  shall  be  classified  by  regi- 
ments, battalions,  or  other  separate  organizations ;  and  no  appli 
cation  filed  after  that  period  shall  be  settled  until  the  former 
ehall  have  been  paid. 

2.  No  application  shall  be  entertained  unless  accompanied  by 
the  original  discharge  of  the  soldier  and  the  affidavit  required 
by  the  fourteenth  section  of  the  act,  and  the  further  affidavit  that 
lie  has  not  received,  nor  is  he  entitled  to  receive,  from  the  United 
States,  under  any  laws  or  regulations  prior  to  the  act  of  July 
twenty-eight,  eighteen  hundred  and  sixty-six,  more  than  one 
hundred  dollars  bounty  for  any  and  all  military  service  rendered 
by  him  during  the  late  rebellion,  over  and  above  the  amount 
therein  claimed. 


EQUALIZATION   BOUNTY   BILL.  503 

3.  AH  applications  for  the  additional  bounty  authorized  by  this 
act  from  surviving  soldiers  shall  be  in  the  form  hereinafter  pre- 
scribed, and  the  evidence  of  identity  shall  be  the  same  as  is  now 
required,  and  applications  from  the  heirs  of  deceased  soldiers  shall 
be  in  the  form  now  required  by  the  Treasury  Department. 

4.  As  soon  as  the  examination  of  the  claims  of  any  regiment, 
or  other  independent  organization,  shall  have  been  properly  acted 
upon,  the  Paymaster  General  shall  take  the  necessary  steps  for 
their  prompt  payment. 

5.  A  register  shall  be  kept  in  the  Paymaster  GeneraVs  Office, 
and  also  in  the  office  of  the  Second  Auditor,  of  all  claims  pre- 
sented under  the  laws,  in  which  the  claimants  will  be  classified 
by  regiments,  &c.    If  the  claims  be  allowed,  the  amount  of  bounty 
paid  to  each  will  be  noted,  and  if  rejected,  the  cause  of  rejection 
will  be  distinctly  stated. 

6.  In  the  applications  for  bounty,  as  required  by  the  third  of 
these  rules,  the  affidavit  shall  state  each  and  every  period  of 
service  rendered  by  the  claimant,  and  also  that  he  never  served 
otherwise  than  as  therein  stated. 

7.  Organizations  irregularly  in  the  service  of  the  United  States, 
or  called  out  for  special  purposes,  as  State  militia,  home  guards, 
&c.,  and  not  included  in  the  general  bounty  laws,  are  riot  included 
within  the  meaning  of  the  act. 

8.  Soldiers  enlisted  for  "  three  years  or  during  the  war,"  -who 
were  discharged  by  reason  of  the  termination  of  the  war,  shall  be 
considered  as  having  served  out  the  period  of  their  enlistment, 
and  are  entitled  to  bounty  under  this  act. 

9.  The  minority  of  heirs,  claimants  for  bounty  under  this  act, 
must  be  proven  to  have  existed  at  the  date  of  its  passage.    Pa- 
rents shall  receive  jointly  the  bounty  to  which  they  may  be  enti- 
tled as  heirs,  unless  the  father  has  abandoned  the  support  of  his 
family,  in  which  case  it  shall  be  paid  to  the  mother.     Non-resi- 
dence in  the  United  States  shall  not  be  a  bar  to  the  claims  of 
heirs  who  would  otherwise  legally  inherit. 

The  provisions  of  the  act  exclude  from  its  benefits  the  follow- 
ing classes : 

1.  Those  who,  after  serving  the  fall  period  of  their  enlistment, 
were  dishonorably  dischargee^  at  its  expiration. 

2.  Those  discharged  during  enlistment  by  way  of  favor  or  pun- 
ishm^nt. 

3.  Those  discharged  on  account  of  disability  contracted  in  the 
service,  but  not  occasioned  by  wounds  received  "  in  the  line  of 
duty,"  who  shall  not  have  previously  served  two  or  three  years 
respectively  at  the  time  of  discharge. 

4.  Those  discharged  on  account  of  disability  existing  at  the 
time  of  their  enlistment. 

5.  The  heirs  of  those  who  have  died  since  their  discharge  of 


504  FOBMS    IN    CASES    OF    COLORED   TKOOP8. 

wounds  or  disease  not  contracted  in  the  service  and  in  tlie  line 
of  duty. 

6.  The  surviving  soldiers  and  heirs  of  deceased  soldiers  who, 
under  previous  laws,  have  received  or  are  entitled  to  receive  a 
bounty  of  more  than  one  hundred  dollars  from  the  United  States. 

7.  The  surviving  soldiers,  as  well  as  the  heirs  of  deceased  sol- 
diers, when  such  soldiers  have  bartered,  sold,  assigned,  loaned, 
transferred,  exchanged,  or  given  away  their  final  discharge  pa- 
pers, or  any  interest  in  the  bounty  provided  by  this  or  any  othei 
act  of  Congress. 

8.  The  act  of  the  twenty-eight  of  July,  eighteen  hundred  and 
sixty-six,  creates  no  right  of  inheritance  beyond  those  vested  by 
the  law  under  which  these  heirs  received  or  were  entitled  to  re- 
ceive the  original  bounty,  and  debars  certain  classes,  brothers  and 
sisters  of  heirs  that  were  entitled  to  receive  the  original  bounty, 
from  any  claim  for  the  additional  bounty  provided  by  this  act. 


FORMS  IN  CASES  OF  COLORED  TROOPS. 
Widow's  Application  for  Arrears  of  Pay  and  Bounty. 

STATE  OF 

County  of 

On  this day  of ,  18 — ,  personally  appeared  before 

me,  a in  and  for  the  county  and  State  aforesaid, , 

of ,  in  the  county  of ,  and  State  of ,  who, 

being  duly  sworn,  deposes  and  says  that  she  is  a  * person 

of  color ;  that  her  age  is years ;  that  she  is  the  widow  of 

,  deceased,  late  a  resident  of ,  in  the  State  of —  — , 

who  was  a in  company of  the regiment  United 

States  colored  troops,  who  enlisted  at ,  in  the  State  of 

— ,  on  or  about  the day  of ,  186 — ,  and  who  died 

in  the  service  of  the  United  States  at ,  on  or  about  the 

—  day  of ,  186 — .     That  her  maiden  name  was  —     — , 

and  that  she  was  married  to  the  said ,  on  the day  of 

,  18 — ,  at ,  in  the  State  of ,  by ,  and 

that  she  ever  afterwards  lived  with  and  deported  herself  as  the 

lawful  and  dutiful  wife  of  the  sai& ;  that  she  has  had  by 

her  said  husband children,  named  and  aged,  respectively, 

as  follows : 

She  further  makes  oath  that  her  said  husband  was  a  * 

person  at  the  time  of  entering  the  service  of  the  United  States, 

and  had  been since  the  day  of—     — ,  18 — .     She 

makes  this  application  to  recover  all  arrears  of  pay,  bounty,  01 
other  allowances  due  the  deceased  from  the  United  States,  and 
desires  that  the  certificate  ef  pay,  when  issued  in  satisfactiou 


FORMS    IN    CASES    OF    COI ORED   TROOPS.  505 

thereof,  may  he  sent  to  her  at post  office,  county  of — , 

and  State  of . 

Signed  in  presence  of 

[Signature  of  Claimant]. 

Also  personally  appeared and ,  of in  the 

county  of ,  and  State  of ,  who,  being  duly  sworn, 

depose  and  say  that  they  are  well  acquainted  with ,  tho 

above-named  applicant,  who  is  a  * person  of  color,  and 

-  know  that  she  is  the  widow  of  the  said  ,  who  was  a 

—  in  company of  the regiment  United  States  col- 
ored troops,  and  who  died  in  the  service  of  the  United  States,  as 

above  stated.     That  to  their  personal  knowledge  the  said 

and  the  said —  lived  together  as  husband  and  wife  for 

years,  and  were  so  recognized  by  all  who  knew  them  ;  that  they 

had children,  aged  respectively and years.     They 

further  make  oath  that  the  said was  a  *  —      —person  at  the 

time  of  entering  the  Service  of  the  United  States,  and  had  been 

since  the day  of ,  18 — .     That  their  knowledge 

of  these  facts  is  derived  from  intimate  acquaintance,  having  lived 

neighbors,  within miles  of  the  claimant  and  deceased,  for 

the  last years.     They  also  declare  that  they  have  no  interest 

whatever  in  this  application. 

Signed  in  presence  of 

[Signature  of  Witnesses.] 

Subscribed  and  sworn  to  before  me,  on  this day  of , 

18 — ;  and  I  certify  that  the  claimant  and  witnesses  are  credible 
and  worthy,  and  that  the  foregoing  declaration  and  affidavit 
were  carefully  read  to  them  before  signing. 

[Official  Signature.] 

STATE  OF ,  )  gg  . 

County  of ,  j" 

I  hereby  certify  that ,  before  whom  the  foregoing  affi- 
davits were  made,  is  a in  and  for  the  county  of 

and  State  of ,  duly  authorised  to  administer  oaths,  and  that 

his  signature  thereunto  is  genuine. 

r    In  testimony  whereof  I  have  hereunto  set  my  hand  and  official 
'  eeal,  this day  of ,  18 — . 

[L.  s.  ]  [  Official  Signa ture.] 

NOTES. — 1.  If  record  evidence  of  marriage  cannot  be  procured,  there  should  be  fur- 
nished parole  evidence,  such  as  the  certificate  of  the  officer  performing  the  marriage 
rites,  or  the  affidavits  of  witnesses  present  at  the  marriage.  Should  the  claimant  bo 
unable  to  procure  such  evidence  of  marriage,  then  there  should  be  furnished  an 
affidavit  of  two  disinterested  witnesses,  such  as  will  fully  satisfy  the  auditing 
officers  that  they  are  well  acquainted  with  the  history  of  the  family,  stating  how 
long  and  where  the  parties  lived  together  as  husband  and  wife,  the  number,  names, 
and  ages  of  their  children,  if  they  had  any,  etc.,  etc. 

2.  Attestation  of  signatures  by  mark  (?<)  must  be  written  signature*. 

8.  In  blank  space  in  the  form  designated  ty  an  asterisk  (*)  is  t(  >  -written  tin 
word  sfczca,  or  free,  as  the  fact  may  be. 


506 


Father's  Application  for  Arrears  of  Pay  and  Bounty. 

STA.TE  OF 


' 


County  of  -  , 

On  tliis  -  day  of  -  ,  18  —  ,  personally  appeared  before 
me,  a  -  in  and  for  the  county  and  State  aforesaid,  -  , 
of  --  ,  in  the  county  of—  —  ,  and  State  of  -  =  —  ,  who, 
being  duly  sworn,  deposes  and  says  that  he  is  a  *  --  person 
of  color  ;  "that  his  age  is  -  years  ;  and  that  he  is  the  father  of 

-  ,  deceased,  late  a  resident  of  -  ,  in  the  State  of  - 
who  was  a  -  in  company  -  of  the  -  regiment  United 
States  colored  troops,  who  enlisted  at  -  ,  in  the  State  of 

-  ,  on  or  about  the  -  day  of  -  ,  18  —  ,  and  who  died 
in  the"  sendee  of  the  United  States  at  -  ,  on  or  about  the 

-  day  of  --  ,  18  —  ,  leaving  neither  -wife  nor  child. 

He  further  makes  oath  that  hi.s  said  son  was  born  in  wedlock, 
and  that  he  never  abandoned  his  support  nor  that  of  his  family, 
and  that  his  sou  was  a  *  --  person  at  the  time  of  entering 
the  service  of  the  United  States,  and  had  been  -  since 
the  -  day  of  --  ,  18  —  .  He  makes  this  application  to 
recover  all  arrears  of  pay,  bounty,  or  other  allowances  due  the 
deceased  from  the  United  States,  and  desires  that  the  certificate 
of  pay,  when  issued  in  satisfaction  thereof,  may  be  sent  to  him 
at  --  post  office,  county  of  --  ,  and  State  of  -  . 

Signed  in  presence  of 

[Signature  of  Claimant.] 

Also  personally  appeared  -  and  -  ,  of  --  ,  in  the 
county  of  -  ,  and  State  of  --  ,  who,  deing  duly  sworn, 
depose  and  say  that  they  are  personally  acquainted  with  -  , 
the  above-named  applicant,  who  is  a  *  -  person  of  color, 
and  were  also  well  acquainted  with  -  ,  deceased,  who  was 
a  -  in  company  -  of  the  -  regiment  United  States 
colored  troops,  and  know  the  said  -  to  be  the  father  of  the 
said  -  -,  who  died  in  the  service  of  the  United  States,  as 
above  stated,  leaving  neither  wife  nor  child. 

They  also  further  make  oath  that  the  said  --  was  bom  in 
wedlock,  and  that  the  said  father  never  abandoned  his  support, 
nor  that  oi  his  family,  and  that  the  said  son  was  a  *  -  , 
person,  and  had  been  -  since  the  -  day  of  -  —  ,  18  — 
and  that  their  knowledge  of  these  facts  is  derived  from  intimate 
acquaintance,  having  lived  within  -  miles  of  claimant  and 
family  for  the  last  -  years.  They  also  declare  that  they  have 
flo  interest  whatever  in  this  application. 

Signed  in  presence  of 

[Signature  of  Witnesses.] 

Subscribed  and  sworn  to  before  me,  this  -  day  of  ----  , 


MOTHER'S  APPLICATION  FOB  ABBEABS.  607 

18 — ;  and  I  certify  that  the  claimant  and  witnesses  are  credible 
and  worthy,  and  that  the  foregoing  declaration  and  affidavit 
were  carefully  read  to  them  before  signing. 

[Official  Signature.'} 

STATE  of , } 

County  of ,f  8S: 

I  hereby  certify  that ,  before  whom  the  foregoing  affi- 
davits were  made,  is  a in  and  for  the  County  of , 

.and  State  of ,  duly  authorized  to  administer  oaths,  and 

Fthat  his  signature  thereunto  is  genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  official 

seal,  this day  of ,  18—. 

[L.  s.]  [Official  Signature.] 

NOTES. — 1.  Attestation  of  signatures  by  mark  ( M)  must  be  by  written  signatures. 
2.  In  the  blank  space  designated  by  an  asterisk  (*)  is  to  be  written  the  word 
tlave,  or  free,  as  the  fact  may  be. 

Mother's  Application  for  Arrears  of  Pay  and  Bounty. 

STATS  OP , 

County  of , 

On  this  day  of ,  18 — ,  personally  appeared  before 

me,  a in  and  for  the  county  and  State  aforesaid, ,  of 

,  in  the  county  of ,  and  State  of ,  who,  being  duly 

sworn,  deposes  and  says  that  she  is  a  * person  of  color ;  that 

her  age  is years;  and  that  she  is  the  mother  of ,  de- 
ceased, late  a  resident  of ,  in  the  State  of ,  who  was  a 

in  company of  the regiment  United  States  colored 

troops,  who  enlisted  at ,  in  the  State  of on  or  about 

the day  of ,  18 — ,  and  who  died  in  the  service  of  the 

United  States  at ,  on  or  about  the day  of ,  18 — , 

leaving  neither  wife,  child,  nor  father.     That  the  name  of  the 

father  was ,  and  that  on  or  about  the day  of ,  18— , 

the  said . 

She  further  makes  oath  that  her  paid  son  was  a  * person, 

and  had  been since  the day  of ,  18 — ,  she  makes 

,  this  application  to  recover  all  arrears  of  pay,  bounty,  and  other 
allowances  due  the  deceased  from  the  United  States,  and  desirea 
that  the  certificate  of  pay,  when  issued  in  satisfaction  thereof, 

may  be  sent  to  her  at post  office,  county  of ,  and  State 

of . 

Signed  in  presence  of  [Signature  of  Claimant.] 

Also  personally  appeared and ,  of  —  — ,  in  the  county 

of .  and  State  of ,  who,  being  duly  sworn,  depose  and 

Bay  that  they  are  personally  acquainted  with ,  the  above- 
named  applicant,  who  is  a  * person  of  color,  and  were  also 

well  acquainted  with ,  deceased,  who  was  a in  com- 


508      APPLICATION    OP    BEOTHEBS    AND   SISTERS,   ETC. 

pany of  the regiment colored  troops,  and  know 

the  said to  be  the  mother  of  the  said ,  who  died  in  the 

service  of  the  United  States,  as  above  stated,  leaving  neither 

wife,  child,  nor  father.  That  the  name  of  the  father  was •, 

and  that  on  or  about  the day  of ,  18—,  the  said . 

They  also  make  further  oath  that  the  said was  a  * • 

person  at  the  time  of  entering  the  service  of  the  United  States, 

and  had  been since  the day  of ,  18 — ;  and  that 

their  knowledge  of  these  facts  is  derived  from  intimate  acquaint- 
ance, having  lived  within •  miles  of  the  claimant  and  family 

for  the  last years.  They  also  declare  that  they  have  no 

interest  whatever  in  this  application. 

Signed  in  presence  of  [Signatures  of  Witnesses.] 

Subscribed   and  sworn  to  before  me,  this  day  of r 

18 — ;  and  I  certify  that  the  claimant  and  witnesses  are  credible 
and  worthy,  and  that  the  foregoing  declaration  and  affidavit 
were  carefully  read  to  them  before  signing. 

[Official  Signature.} 

STATE  OP 

County  of 

I  hereby  certify  that ,  before  whom  the  foregoing  affidavits 

were  made,  is  a in  and  for  the  county  of ,  and  State  of 

,  duly  authorized  to  administer  oaths,  and  that  his  signature 

thereunto  is  genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  official 
seal,  this day  of ,  18—. 

[L.  B.]  [Official  Signature.'} 

NOTES.— 1   Attestation  of  signatures  by  mark  (  M  )  must  be  by  written  signatures. 
3.  In  the  blank  space  designated  by  an  asterisk  (*)  is  to  be  written  the  word  slave, 
or  free,  as  the  fact  may  be. 

Application  of  Brothers  and  Sisters  for  Arrears  of  Pay  and 
Bounty. 

STATK  OF , ) 

County  of ,  f 

On  this day  of ,  18—,  personally  appeared  before  me, 

a in  and  for  the   county  and   State  aforesaid, who, 

being  duly  sworn,  deposes  and  says  that  they  are  * persons 

of  color ;  and  are  the  brothers  and"  sisters  of ,  deceased,  late 

a  resident  of ,  in  the  State  of ,  who  was  a in  com- 
pany   of  the regiment  United  States  colored  troops, 

who  enlisted  at ,  in  the  State  of ,  on  or  about  the 

day  of ,  18 — ,  and  who  died  in  the  service  of  the  United 

States  at ,  on  or  about  the day  of 18 — ,  leaving 

neither  wife,  child,  father,  mother,  nor  any  other  brother  or 
Bister,  either  of  the  full  or  half  blood. 


APPLICATION   OP   BROTHERS   AITD   SISTERS,   ETC.        509 

"We  further  make  oath  that  the  said  — —  was  a  * person 

at  the  time  of  entering  the  service  of  the  United  States,  and  had 

been  a since  the day  of ,  18 — .  We  make  this 

application  to  recover  all  arrears  of  pay,  bounty,  or  other  allow- 
ances due  the  deceased  from  the  United  States,  and  desire  that 
the  certificate  of  pay,  when  issued  in  satisfaction  thereof,  may 

be  sent  to  at  post  office,  county  of ,  and  State 

of 

Signed  in  presence  of  [Signature  of  Witnesses.] 

Also  personally  appeared and ,  of ,  in  the  county  of 

and  State  of ,  who,  being  duly  sworn,  depose  and  say  that 

they  are  well  acquainted  with  all  of  the  above-named  claimants, 

who  are  * persons  of  color,  and  know  that  they  are  the  brothers 

and  sisters  of ,  deceased,  who  was  a in  company 

of  the regiment  United  States  colored  troops,  and  who  died 

in  the  service  of  the  United  States,  as  above  stated,  leaving 
neither  wife,  child,  father,  mother,  nor  any  other  brother  or 
sister,  either  of  the  full  or  half  blood. 

They  also  further  make  oath  that  the  said was  a  * 

person  at  the  time  of  entering  in  the  service  of  the  United  States, 

and  had  been since  the day  of ,  18 — ;  and  that 

their  knowledge  of  these  facts  is  derived  from  intimate  acquaint- 
ance with  the  claimants  and  deceased,  having  lived  within 

miles  of  them  for  the  last years,  and  were  acquainted  with 

their  parents  in  their  lifetime.  They  also  further  declare  that 
they  have  no  interest  whatever  in  this  application. 

Signed  in  presence  of  [Signature  of  Witnesses.] 

Subscribed  and  sworn  to  before  me,  this  day  of , 

18 —  ;  and  I  certify  that  the  claimant  and  witnesses  are  credible 
and  worthy,  and  that  the  foregoing  declaration  and  affidavit 
were  carefully  read  to  them  before  signing. 

[Official  Signature.[ 
STATE  OP 


County  of 

I  hereby  certify  that ,  before  whom  the  foregoing  affidavits 

were  made,  is  a in  and  for  the  county  of ,  and  State  of 

,  duly  authorized  tc  administer  oaths,  and  that  his  signature 

thereunto  it*  genuine.  . 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  official 
seal,  this day  of ,  18 — . 

[L.  s.]  [Official  Signature.] 

NOTES.— 1.  Attestation  of  signatures  by  mark  (  H )  must  be  by  written  signatures. 

2.  In  blank  space  designated  by  an  asterisk  (*)  is  to  be  written  the  word  nlav6,or 
fre^  as  the  fact  may  be. 

8.  Name,  aff#,  and  residence  of  each  of  the  claimants  to  be  stated  in  tbe  declara- 
tion. Minor  heirs  must  apply  through  a  guardian  duly  appointed,  who  will  append 
to  his  application  certified  copies  of  letters  of  guardianship. 


610  APPLICATION   OP   CHILDREN  FOE   AEBEAES. 


Application  of  Children  for  arrears  of  Pay  and  Bounty. 

STATE  OF ,  ) 

County  of ,  } 

On  this day  of ,  18 — ,  personally  appeared  before  me 

a  in  and  for  the  county  and  State  aforesaid,          ,  who,  being 

duly  sworn,  deposee  and  say  that  they  are  * persons  of  color, 

and  are  the  children  of ,  deceased,  late  a  resident  of ,  in 

the  State  of ,  who  was  a in  company of  the 

regiment  United  States  colored  troops,  who  enlisted  at ,  in 

the  State  of ,  on  or  about  the day  of ,  18 — ,  and 

who  died  in  the  service  of  the  United  States  at ,  on  or  about 

'the  ....  day  of ,  18 — ,  leaving  neither  wife  nor  other  child. 

We  further  make  oath  that  the  said was  a  * person  at 

the  time  of  entering  the  service  of  the  United  States,  and  had 

been  a since  the day  of ,  18 — .     We  make  this 

application  to  recover  all  arrears  of  pay,  bounty,  or  other  allow- 
ances due  the  deceased  from  the  United  States,  and  desire  that 
the  certificate  of  pay,  when  issued  in  satisfaction  thereof,  may  be 

sent  to ,  at  the post  office,  county  of ,  and  State 

of . 

Signed  in  presence  of  [Signature  of  Claimants.'} 

Also  personally  appeared and ,  of in  the  county 

of ,  and  State  of ,  who,  being  duly  sworn,  depose  and 

say  that  they  are  well  acquainted  with  all  the   above-named 

claimants,  who  are  * persons  of  color,  and  know  that  they 

are  the  children  of ,  deceased,  who  was  a in  company 

of  the regiment  United    States  colored  troops, 

and  who  died  in  the  service  of  the  United  States,  as  above 
stated,  leaving  neither  wife  nor  other  child. 

They  also  further  make  oath  that  the  said was  a  * 

person  at  the  time  of  entering  the  Service  of  the  United  States, 

and  had  been since  the day  of ,  18 — ;  and  that 

their  knowledge  of  these  facts  is  deiived  from  intimate  acquaint- 
ance with  the  claimants  and  deceased,  having  lived  within  — 

miles  of  them  for  the  last years,  and  were  acquainted  witU 

their  mother  in  her  lifetime.  They  also  further  declare  that  they 
have  no  interest  whatever  in  this  application. 

Signed  in  presence  of  [Signatures  of  Witnesses.'] 

Subscribed  and  sworn  to  before  me,  this  day  of , 

18 — ,  and  I  certiiy  that  the  claimant  and  witnesses  are  credible 
and  worthy,  and  that  the  foregoing  declaration  and. affidavit  were 
carefully  read  to  them  before  signing. 

[Official  Signature.} 


APPLICATION   FOR   ADDITIONAL  BOUNTY.  611 

STATE  OP 

County  of 

I  hereby  certify  that ,  before  whom  the  foregoing  affidavits 

Were  made,  is  a in  and  for  the  county  of ,  and  State  of 

,  duly  authorised  to  administer  oaths,  and  that  his  signature 

thereunto  is  genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  official 
seal,  this day  of ,  18 — . 

[L.  s.]  {Official  Signature.] 

NOTES. — 1.  Attestation  of  signatures  by  mark  (  W )  must  be  by  written  signatures. 

2.  In  the  blank  space  designated  by  en  asterisk  (*)  is  to  be  written  the  word  slave, 
or  free,  as  the  tt  ct  may  be. 

8.  Name,  age  find  residence  of  each  of  the  claimants  to  be  stat«d  in  the  declara- 
tion. Minor  heii  3  must  apply  through  a  guardian  duly  appointed,  who  will  append 
to  his  application  certified  copies  of  letters  of  guardianship. 

With  each  and  every  application  for  pay  and  bounty  due  « 
colored  soldier  the  attorney  presenting  the  same  must  file  his  oath 
or  affirmation  that  he  has  no  interest  whatever  in  said  pay  c  r 
bounty  beyond  the  fees  for  the  collection  of  the  same  as  fixed 
and  established  by  law.  The  failure  to  file  such  oath  or  affirma- 
tion will  in  evei  y  case  result  in  the  suspension  of  the  application. 

Application  of  Discharged  Soldier  for  Additional  Bounty 
under  Act  of  July  28, 1866. 

If  this  declaration  is  made  before  a  justice  of  the  peace  or 
notary  public,  it  must  be  certified  to  by  the  clerk  of  the  proper 
'court  that  such  justice  or  notary  was  duly  commissioned  at  the 
time.  The  seal  of  the  court  should  be  stamped  on  the  original 
paper,  or,  if  on  an  attached  certificate  the  impression  should 
appear  pn  the  original.  Where  claimant  or  witness,  or  either } 
sign  by* mark,  two  disinterested  witnesses  who  can  write  must 
atte»t  the  same.  Applications  executed  before  a  notary  public 
who  has  a  certified  copy  of  his  commission  on  file  in  the  depart- 
ment, with  his  signature  and  impress  of  his  official  seal  thereon, 
need  not  be  certified  by  a  court  of  record. 

STATE  OF 


County  of ,  £  ss 

On  this  day  of ,  18 — ,  personally  appeared  before 

me,  a •  in  and  for  the  county  and  State  aforesaid, ,  of 

,  in  the  county  of ,  and  State  of ,  personally  known 

to  me,  who  being  duly  sworn  according  to  Jaw,  declares  that  hia 

age  is years,  that  he  is  a  resident  of ,  county  of , 

State  of  — — ,  and  that  he  is  the  identical  — —  who  was  enlisted 


612  APPLICATION   FOB   ADDITIONAL   BOUNTY. 

B3  a in  company of  the regiment  of ,  to  serve 

for  the  period  of ,  and  was  discharged  from  the  service  of 

the  United  States  as  a ,  at ,  on  the  day  of , 

18 — ,  by  reason  of  * ,  and  that  he  was  again  enlisted  as  a 

in  company of  the regiment  of ,  to  serve  for  the 

period  of ,  and  that  he  was  discharged  from  the  service  of 

the  United  States  as  a  ,  at ,  oa  the day  of , 

18 — ,  by  reason  of ,  and  that  there  is  an  additional  bounty 

of  $ due  him  under  the  act  of  Congress  approved  July  28, 

18G6.  And  he  does  further  declare  that  he  has  not  bartered, 
sold,  assigned,  transferred,  loaned,  exchanged  or  given  away  his 
final  discharge  papers,  .or  any  interest  in  the  bounty  provided  by 
this  or  any  other  act  of  Congress;  that  he  has  not  already 
received  or  is  entitled  to  receive  any  other  or  greater  bounty  than 
$100,  and  that  the  statement  of  service  above  given  is  a  correct 
and  true  statement  of  any  and  all  service  rendered  by  him  dur- 
ing the  rebellion,  and  that  he  has  never  served  otherwise  than  aa 
stated,  and  he  desires  all  communications  concerning  this  claim 

to  be  sent  to  him  at ,  county  of ,  and  State  of . 

[Signature  of  Claimant.'] 
[Two  Witnesses  ivho  write  must  Sign  herej] 

Also  personally  appeared  before  me  -    -  and  ,  of  the 

county  of ,  and  State  of ,  personally  known  to  me,  who, 

being  duly  sworn  according  to  law,  declare  that  they  have  been 

for years  acquainted  with ,  the  above-named  applicant, 

who  was  a in  company ,  of  the regiment  of , 

and  know  him  to  be  the  identical  person  named  in  the  foregoing 
declaration,  and  that  they  nave  no  interest  whatever  in  this 
application. 

[Signatures  of  Witnesses.] 

Sworn  to   and  subscribed  before  me,  this  day  of  — — , 

186—.  [  Official  Signature. ] 

I  certify  that ,  before  whom  the  foregoing  declaration  and 

affidavit  were  made,  is  a ,  duly  authorized  to  administer 

oaths,  and  that  the  above  is  his  signature. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  official 
seal,  this day  of ,  186—. 

[L.  8.]  [Signature  of  the  Clerk]  . 

*  Where  there  was  more  than  one  enlistment,  fill  the  following  with  facts :  if  n« 
more  thin  one,  let  the  second  statement  remain  blank. 

f  If  the  witnesses  and  claimant,  or  either  of  them,  make  their  mark,  let  two  per- 
dons  who  can  write  their  iiaiaes  attest  the  signatures.  The  officer  administering  tha 
oath  cannot  b«  one  of  r.he  attesting  parties. 

When  application  is  made  by  heirs  of  deceased  soldiers  for 
the  additional  bounty,  they  should  so  state  the  fact  in  the  appli- 


APPLICATION   FOR   ARMY   BOUNTY.  618 

cation,  and,  if  possible,  give  the  number  of  the  certificate,  issued 
in  any  previous  settlement  make  by  the  Second  Auditor.  By  the 
conditions  of  the  rules  and  regulations  prescribed  by  the  War 
Department,  parents  are  to  apply  jointly. 

Application  for  Army  Bounty  on  account  of  transfer  from 
Army  to  Navy. 

To  enable  this  office  to  adjudicate  a  claim  for  bounty  for  men 
originally  enlisted  in  the  army  and  subsequently  transferred  to 
the  navy,  as  provided  by  act  approved  February  24,  1864,  it  is 
requisite  that  the  blanks  for  answers  to  the  following  inquiries  be 
clearly  and  legibly  filled  up,  and  the  appended  deposition  pro- 
perly executed  before  any  officer  duly  authorized  by  law  to 
administer  oaths,  whose  official  character  as  such  must  be  veri- 
fied by  the  certificate  and  seal  of  a  court  of  record. 

If  the  applicant  be  now  in  the  navy  or  marine  corps,  and  at 
sea,  this  required  deposition  may  be  sworn  to  before  the  com- 
manding officer  of  his  vessel. 

1st.  When  and  where  did  you  enlist  in  the  army,  and  for  what 
term  ? 

Answer. . 

3d.  Was  this  your  first  enlistment ;  and  if  not,  state  the  com- 
pany and  regiment  to  which  you  originally  belonged  ? 

Answer. . 

3d.  Were  you.  present  with  your  company  on  every  muster 
day ;  if  not,  state  distinctly  where  you  were  and  on  what  duty  ? 

Answer. . 

4th.  When  and  where  were  you  transferred  from  the  army  to 
the  navy  or  marine  corps  (as  the  case  may  be),  and  to  what 
regiment  and  company  of  the  army  did  you  belong  when  so 
transferred,  and  what  was  the  name  and  rank  of  your  command- 
ing officer? 

Answer. . 

5th.  What  amount  of  bounty  was  paid  you  after  your  enlist- 
ment into  the  army,  and  by  whom  paid  ? 

Answer.  . 

6th.  Was  that  sum  the  whole  amount  paid  you  for  such  enlist- 
ment ? 

Answer. . 

7th.  On  board  what  vessel,  or  to  what  naval  "station,  were  you 
first  sent  when  thus  transferred  ? 

Answer. . 

8th.  Were  you  indebted  to  the  army  for  overdrawn  clothing, 
advances,  fines,  or  on  any  other  account,  when  you  were  trans- 


514  APPLICATION   FOR   ARMY    BOUNTY. 

ferred  to  the  navy :  if  so,  to  what  amount,  and  on  what  account  I 

Answer. . 

9th.  Names  of  all  the  vessels  of  the  navy  on  board  of  which 
you  have,  since  your  transfer  to  the  navy,  consecutively  served. 
and  the  names  of  their  respective  commanders  and  paymasters  ? 

Answer.  . 

10th.  Have  you  been  paid  any  bounty  since  serving  in  the 
navy  ;  if  so,  when  and  where,  and  by  whom  was  it  paid  ? 

Answer. . 

llth.  Are  you  entitled  to  any  prize  money  for  captures  made 
y  the  vessel  or  vessels  to  which  you  were  attached  since  your 
transfer  to  the  navy ;  if  so,  state  the  name  or  names  of  the  cap- 
turing vessels,  and  also  of  the  captured  vessels  ? 

Answer. . 

12th.  Have  you  received  any  prize  money  on  account  of  such 
captures;  if  so,  how  much,  for  what  captures,  when,  and  by 
whom  paid  ? 

Answer. . 

13th.  Are  you  still  in  the  navy  or  marine  corps ;  if  not,  when 
and  where  were  you  discharged ;  or  how  did  you  leave  the  naval 
service,  if  you  were  not  regularly  discharged  therefrom  ? 

Answer. -. 

STATE  OF ,  ) 

County  of ,  \ss: 

On  this •  day  of ,  18 — ,  personally  appeared  before  mo 

,  and  duly  made  oath  that  he  is  the  identical  person  who 

applied  to  the  Fourth  Auditor  of  the  Treasury  for  the  unpaid 
bounty  claimed  by  him  on  account  of  his  enlistment  into  the 
army  of  the  United  States,  and  that  the  answers  to  each  and 
every  of  the  foregoing  inquiries  in  relation  thereto,  which  have 
been  read  and  carefully  explained  to  him  beforehand,  are  true. 

[Signature  of  Claimant.^ 

Also  personally  appeared  before  me  and  ,  of  the 

county  of ,  and  State  of ,  who,  being  duly  sworn  accord- 
ing to  law,  declare  that  they  have  been  for years  acquainted 

with ,  the  above-named  applicant,  who  was  a in  com- 
pany —  —  of  the regiment  of volunteers,  and  know 

him  to  be  the  identical  person  named  in  the  foregoing  declara- 
tion ;  and  that  they  have  no  interest  whatever  in  this  application. 

[Signature  of  Witnesses,] 

Sworn  to  and  subscribed  before  me,  this  day  of , 

18—. 

[  Official  Signature.  ] 

I  certify  that ,  before  whom  the  fore^oim?  'J^aration  and 

affidavit  were  made,  is  a ,  duly  authorized  to  administer 

fcaths,  and  that  the  above  is  his  signature, 


INSTRUCTIONS  FOB  PIIEPABING  CLAIMS.  515 


In  witness  whereof  I  Jiaye  hereunto  set  my  Land  and 
seal,  this  -  day  of  -  ,  18  —  . 

[L.  s.]  [Signature  of  the  Cleric.'] 

N>:,TE.  —  In  'ill  cases  whore  a  mark  is  substituted  for  the  written  signature,  tw-l 
disinterested  witnesses  are  required. 

Discharges,  both  from  the  army  and  navy  (if  the  claimant  be  not  still  in  the  latter 
service),  should  always  be  sent  with  this  paper,  after  iti  execution,  to  the  Fourtr 
Auditor's  Office. 


INSTRUCTIONS  FOE  PREPARING  CLAIMS  FOR 
BOUNTY  MONEY. 

The  following  instructions  and  forms  are  extracted  from  a  cir- 
cular of  the  Second  Auditor  of  the  Treasury,  relating  to  claims, 
for  pay  and  bounty : 

OF  BOUNTY.— The  act,  approyed  July  11, 1862,  provides  "  that 
said  bounty  shall  be  paid  to  the  following  persons,  and  in  the 
order  following,  and  to  no  other  person,  to  wit :  First,  to  the 
widow  of  such  deceased  soldier,  if  there  be  one.  Second,  if 
there  be  no  widow,  then  to  the  children  of  such  deceased  sol- 
dier, share  and  share  alike.  Third,  if  such  soldier  left  neither 
widow,  nor  child,  nor  children,  then,  and  in  that  case,  such 
bounty  shall  be  paid  to  the  following  persons,  provided  they  be 
residents  of  the  United  States,  to  wit :  First,  to  his  father,  or  it 
he  shall  not  be  living,  or  has  abandoned  the  support  of  his  family, 
then  to  the  mother  of  such  soldier ;  and  if  there  be  no  father 
nor  mother,  as  aforesaid,  then  such  bounty  shall  be  paid  to  the 
brothers  and  sisters  of  the  deceased  sold:  or,  resident  as  afore- 
said." 

By  the  same  act,  the  bounty  of  one  hundred  dollars  to  widows, 
etc.,  of  volunteers,  is  also  given  to  the  widows,  etc.,.  of  those  per- 
sons who  have  enlisted  in  the  regular  forces  since  the  first  day 
of  July,  1861,  or  shall  enlist  in  the  regular  forces  during  1862, 
to  be  paid  to  the  heirs  named  in  this  act.  Widowo  of  commis- 
sioned officers,  and  of  soldiers  dying  after  being  discharged,  arc 
not  entitled  to  bounty,  nor  are  the  widows  of  deceased  three- 
months  volunteers. 

DISLOYALTY. — In  section  four  of  "  an  act  :o  grant  pensions," 
approved  July  24,  1862,  it  is  provided,  "that  no  moneys  shall 


516  CLAIMS   FOB   BOUNTY   MONEY. 

be  paid  to  the  widow,  or  children,  or  any  heirs  of  any  deceased 
soldier,  on  account  of  bounty,  back  pay,  or  pension,  who  have 
in  any  way  been  engaged  in,  or  who  have  aided  or  abetted  the 
existing  rebellion  in  the  United  States ;  but  the  right  of  such 
disloyal  widow,  or  children,  heir  or  heirs,  of  such  soldier,  shall 
be  vested  in  the  loyal  heir  or  heirs  of  the  deceased,  if  any  there 
be." 

Information  in  regard  to  such  cases  will  receive  the  attention 
of  the  accounting  officers. 

APPLICATION. — The  claimant  or  claimants  must  make  a  written 
application,  under  oath,  and  over  his,  her,  or  their  own  signature, 
stating  his,  her,  or  their  name,  age,  residence,  connection  to  tho 
deceased,  with  the  letter  or  name  of  the  Captain  of  the  com- 
pany, and  regiment  to  which  he  belonged ;  time  of  his  death 
and  the  nature  of  the  pay  claim — whether  "  arrears  of  pay,"  etc. ; 
and  the  "  $100  bounty,"  under  act  of  July  22,  1861. 

An  application  by  the  guardian  should  give  the  name  and  age 
of  the  ward  or  wards,  and  should  be  accompanied  by  letters  of 
guardianship,  or  an  authenticated  copy  thereof.  In  the  applica- 
tion of  a  mother  claiming  bounty,  her  husband  being  alive,  the 
facts  upon  which  the  claim  is  made  should  be  clearly  stated  and 
proved.  If  the  soldier  died  unmarried,  leaving  no  child,  it  must 
be  stated  by  the  applicant,  and  also  by  the  disinterested  wit- 
nesses. 

PROOF. — To  satisfy  the  accounting  officers  that  the  person  or 
persons  thus  claiming  is  or  are  entitled  to  the  money  in  the 
character  he,  she  or  they,  may  claim,  the  depositions  of  two 
credible  witnesses  will  be  required,  stating  that  they  are 
acquainted  with  the  claimant  or  claimants,  the  connection  held 
to  the  deceased,  and  that  they  (the  deponents)  are  disinterested. 
Proof  of  marriage  (record  evidence  if  possible)  must  always 
accompany  the  applications  of  those  claiming  to  be  widows.  If 
the  soldier  died  unmarried  it  must  be  so  stated  by  the  applicant 
and  also  by  the  disinterested  witnesses. 

AUTHENTICATION. — The  application  and  depositions,  above  re- 
quired, to  be  subscribed  and  sworn  to  before  a  judge,  commis- 
sioner, notary  public,  or  Justice  of  the  Peace,  duly  authorized  to 
administer  oaths,  accompanied  by  a  certificate  and  seal  of  a 


CLAIMS   FOR   BOUNTY   MONEY.  517 

court  of  record  as  to  the  fact  of  the  said  judge,  etc.,  being  duly 
commissioned  and  acting  in  his  official  capacity  at  the  time  of 
the  execution  of  the  foregoing  papers. 

BOUNTY. — No  discharged  soldier  can,  under  any  circumstan- 
ces, receive  the  bounty  provided  by  the  act  of  July  22,  1861, 
unless  "  he  shall  have  served  for  a  period  of  two  years,  or  during 
^ the  war,  if  sooner  ended;"  but,  "the  widow,  if  there  be  one, 
f  and  if  not,  the  legal  heirs  of  such  as  die,  or  may  be  killed  in  the 
service,  in  addition  to  all  arrears  of  pay  and  allowances,  shall 
receive  the  sum  of  one  hundred  dollars." 

MODE  OF  PRESENTING  CLAIMS. — All  claims  for  arrears  of  pay 
^nd  bounty  money  may  be  sent  directly  to  this  office.  When 
received  they  are  entered  upon  the  register ;  as  soon  as  practi- 
cable they  will  be  examined,  and  if  found,  correct  in  form,  they 
are  placed  upon  the  files  for  settlement,  and  their  receipt 
acknowledged.  If  incorrect,  the  party  sending  it  is  immediately 
notified.  No  "  special  cases  "  will  be  made  at  the  solicitation  of 
attorneys,  but  when  evidence  can  be  obtained,  cases  will  be 
audited  in  the  order  in  which  they  are  received.  The  only  ex- 
ception to  this  rule  is  when  in  settling  a  case  in  its  order,  evi- 
dence is  found  upon  the  same  rolls  by  which  to  settle  other 
claims  of  soldiers  deceased  in  the  same  company.  Letters  of 
inquiry  in  relation  to  a  claim  should  specify  the  name  of  the  de- 
ceased, and  the  company,  regiment,  and  State  to  which  he  be- 
longed, and  in  all  cases,  to  secure  an  answer,  the  name,  post- 
office  and  State  of  the  writer  should  be  distinctly  written. 

FORMS. — The  form  accompanying  this  circular  is  intended 
only  as  a  guide,  and  must  be  varied  to  suit  special  cases.  No 
claim  is  rejected  on  account  of  the  form  in  which  it  is  pre- 
f  sented,  if  it  substantially  complies  with  the  instructions. 

To  CORRESPONDENTS. — Letters  of  inquiry  relating  to  the  pay 
of  soldiers  in  hospital  or  on  furlough,  should  be  addressed  to 
the  Paymaster-General.  Inquiries  relating  to  the  pay  of  de- 
ceased teamsters  or  other  employees  of  the  quartermaster's  de- 
partment, or  for  the  pay  of  horses  killed  or  lost  in  the  service,  to 
the  Third  Auditor;  and  relating  to  the  pay  and  bounty  of  per 
sons  in  the  marine  or  naval  service,  to  the  Fourth  Auditor. 

POSTAGE. — The  Government  pays  all  postages  on  such  busi- 


518  CLAIMS    FOK   BOUNTY    MONET. 

ness  communications,  whether  received  or  transmitted  by  tMs 
office. 

Form  of  Application  for  Arrears  of  Pay  and  Bounty. 

I, ,  of ,  in  the  county  of ,  and  State  of 1 

on  oath,  say  that  my  age  is years,  and  that  I  am  the 

of ,  late  of ,  in  the  State  of ,  who  was  a 

in  company ,  of  the  regiment  of ,  and  died  in 

the  service  of  the  United  States  at  ,  on  the  day  of 

• ,  18 — .     [If  the  soldier  died  unmarried,  leaving  no  child,  it 

should  be  h-sre  stated.  If  the  application- is  by  the  mother,  she  should 
also  state  the  name  of  the  father  of  the  deceased,  his  death  or  aban- 
donment of  the  support  of  his  family,  giving  the  date  and  all  facts 
necessary  to  a  proper  understanding  of  the  case.  If  the  application 
is  by  ihs  widow  of  tlie  deceased,  she  should  here  state  her  maiden 
name,  when,  where,  and  by  whom  slie  was  married  to  him,  and 
whether  or  not  there  is  record  evidence  of  such  marriage.]  I  make 
this  application  to  recover  all  arrears  of  pay  or  other  allowances 
due  to  the  deceased  from  the  United  States,  and  the  bounty  pro- 
vided by  the  sixth  section  of  the  act  of  July  22,  1861. 

[Signature  of  Claimant.] 

STATE  OF  — 
County  of  — 

Personally  appeared  the  above-named ,  to  me  well  known? 

and  subscribed  and  made  oath  to  the  foregoing  statement,  on 

this day  of ,  18 — ,  before  me. 

[Name  and  Official  Title.} 

Form  of  Affidavit, 

"£Te and ,  of ,  in  the  county  of ,  and 

State  of ,  on  oath,  say  that  we  are  and  have  been  for 

years  well  acquainted  with -,  the  applicant,  and  with  the 

said  ,  deceased,  who  was  a ,  in  company ,  of  the 

regiment ,  and  know to  be  the of  the.  said 

deceased  [if  lie  died  unmarried,  leaving  no  child,  it  should  be  here 
stated;  and  if  the  application  is  by  the  mother,  the  fact -of  her 
•widowlwod,  or  the  abandonment  of  her  husband,  should  be  stated  as 
in  the  application]  •  and  that  we  have  no  interest  whatever  in  this 
application. 

[Signatures.] 

Certificate  of  the  magistrate  as  above,  also  that  of  the  clerk 
of  the  court  under  seal,  in  the  usual  form. 
This  application  must  be  accompanied  by  the  following  proof: 


CLAIMS   FOK   BOUNTY    MONEY.  519 

IN  THE  CASE  OP  A  WIDOW  : 

1.  Her  marriage  with  the  deceased.      This  proof  must  be 
made  in  the  same  manner  as  in  applications  for  pensions. 

2.  Widowhood  and  identity.     These  may  be  proved  by  the 
affidavit  of  the  witnesses  above  given. 

IN  THE  CASE  OF  CHILDREN  : 

1.  The  marriage  of  the  parents.     This  must  be  proved  in 
like  manner  as  in  applications  by  widows. 

2.  Death  of  widow. 

3.  That  they  are  the  children,  and  all  the  children,  of  the  de- 
ceased. 

Items  two  and  three  may  be  proved  by  the  affidavit  of  two 
witnesses,  according  to  the  form  furnished  by  the  Second 
Auditor. 

If  the  application  is  made  by  the  guardian  of  minors,  a  cer- 
tified copy  of  his  letters  of  guardianship  must  be  sent,  and  a 
certificate  from  the  proper  court  that  he  is  still  acting  as  guar- 
dian. 

IN  THE  CASE  OF  A  FATHER  : 

1.  That  he  is  the  father  of  deceased. 

2.  That  the  deceased  left  neither  widow  nor  child. 

These  facts  may  be  proved  by  the  affidavit  of  witnesses  ac- 
cording to  the  form. 

IN  THE  CASE  OF  A  MOTHER  : 

1.  The  death  of  her  husband,  the  father  of  the  deceased. 

2.  That  she  was  the  mother  of  the  deceased. 

3.  That  he  left  neither  widow  nor  child. 

4.  In  the  case  of  abandonment  by  her  husband,  he  being  still 
living,  that  fact  must  also  be  proved. 

These  items  of  testimony  may  all  be  proved  by  the  affidavit 
of  two  witnesses  as  above. 

IN  THE  CASE  OF  BROTHERS  AND  SISTERS  : 

1.  The  marriage  and  death  of  their  parents.  This  inuft  be 
proved  as  in  the  case  of  widows. 

2-  That  they  are  the  brothers  and  sisters  of  the  deceased. 


520  CLAIMS   FOE   BOUNTY  MONET. 

3.  That  he  left  neither  widow  nor  child. 

These  latter  items  may  be  proved  by  the  affidavits  of  wife- 
nesses. 

In  the  case  of  children,  fathers,  and  brothers  and  sisters,  posi 
tive  proof  of  relationship  to  the  deceased  will  not  be  required. 
General  reputation  and  undisputed  relationship  will  suffice. 

Widow's  Declaration  for  Bounty  Money  and  Arrears. 

STATE  OP  s- ) 

County  of }    ' 

On  this day  of ,  18 — ,  before  me,  a -,  in  and  for 

the  county  and  State  above  named,  personally  appeared  , 

who,  after  being  duly  sworn  according  to   law,  declares  and 

says ;  that  she  is  aged years ;  that  she  is  a  resident  of , 

county  of ,  and  State  of ,  that  she  is  the  widow  of  — 

who  was  a in  company ,  commanded  by  Captain , 

of  the  regiment  of volunteers,  commanded  by 

Colonel ,  and  who  [was  killed  or  died]  at  — — ,  on  or  about 

the day  of ,  18 — ,  while  in  the  service  of  the  United 

States. 

That  she  was  married  to  the  said  ,  on  the  day  of 

,  in  the  year  18—,  at ,  by  one ,  a  -;  that  her 

name  before  her  marriage  was ,  and  that  she  has  remained 

a  widow  since  the  death  of  her  said  husband.     And  she  further 

states  that  she  believes  there  is public  record  of  her  said 

marriage  [should  there  l)e  neither  public  nor  private  record,  nor  any 
witness  of  said  marriage  living  or  accessible,  the  facts  should  be 
stated.] 

She  makes  this  declaration  for  the  purpose  of  obtaining  the 
bounty  money,  arrears  of  pay,  and  all  other  arrearages  or  sums 
of  money  due  her  by  reason  of  the  service  of  the  soldier  above 
named,  under  and  by  virtue  of  an  act  of  Congress,  passed  July 
22,  A.  D.  1861,  also  of  all  other  acts  now  in  force  upon  this  sub- 
ject. And  she  hereby  constitutes  and  appoints ,  her  attor- 
ney in  fact,  to  prosecute  this  claim,  and  authorizes  him  to  re- 
ceive and  receipt  for  a  draft  or  certificate  for  the  amount  that 
may  be  allowed  her. 

[  Claimant's  Signature.] 

Attest:  [Two  Witnesses.] 

Sworn  to,  subscribed  and  acknowledged  before  me,  the  day 
and  year  first  above  written ;  and  on  the  same  day  personally 

came and ,   residents  of ,  in  the  county  of , 

State  aforesaid,  who,  being  duly  sworn  according  to  law,  declare 
that  they  are  personally  acquainted  with  Mrs. ,  widow  of 


CLAIMS   FOR   BOUNTY   MONEY.  521 

- — •-,  who  has  made  and  subscribed  the  foregoing  declaration, 
and  were  acquainted  with  her  and  her  said  husband,  before  ho 
entered  the  service,  and  know  that  they  lived  together  as  man 
and  wife,  and  were  so  reported ;  that  she  is  the  widow  of  the 

identical ,  who  performed  the  military  service  mentioned  in 

tie  declaration,  and  has  remained  a  widow  since  his  death  ;  that 
their  knowledge  of  the  identity  of  her  husband  with  the  soldier 

i«  derived  from . 

And  they  further  testify  that  they  reside  as  above  stated,  and 
lire  disinterested  in  this  claim. 

[Witnesses1  Signatures.] 

Sworn  to  and  subscribed  before  me,  and  I  certify  that  I  am 
not  interested  in  this  claim,  nor  concerned  in  its  prosecution ;  that 
I  believe  the  affiants  to  be  credible  persons,  and  the  declarant  to 
be  the  person  she  represents  herself  to  be. 

[Magistrate's  Signature.'} 

STATE  OF ) 

County  of \  88' 

I, ,  clerk  of  the court  in  and  for  the  county  and 

State  above  named,  do  hereby  certify  that ,  Esq.,  before 

whom  the  foregoing  declaration  and  affidavit  were  made,  and 
who  has  thereunto  signed  his  name,  was  at  the  time  of  so  doing 

an  acting ,  in  and  for  said  county,  duly  commissioned  and 

sworn ;  that  all  of  his  official  acts,  as  such,  are  entitled  to  full 
faith  and  credit,  and  that  his  signature  thereunto  is  genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed 

the  seal  of  said  court,  at  - — ,  in  said  county,  this day  of 

,  A.  D.  18—. 

[Cterh] 

Claim  of  Heirs  for  Arrears,  Bounty  Money,  etc,,  of  De- 
ceased Officer  or  Soldier. 

STATE  OF  - 


^County  of  —  *  ss' 

**  On  this day  of ,  18 — ,  before  me,  a ,  in  and  for 

the  county  and  State  above  named,  personally  appeared , 

aged  years,  a  resident  of ,  county  of ,  State  of 

,  who,  being  duly  sworn  according  to  law,  declare  that  they 

are  the  children  and  heirs  of ,  who  was  a  of  company 

,  commanded  by  Captain ,  in  the regiment  of 

volunteers ;  that  the  said  volunteered  at ,  on  or  about 

the day  of ,  18 — ,  for and  [died  or  was  killed]  at 

,  on  or  about  the day  of ,  18—,  while  in  said  ser- 
vice, that  the  said left  surviving  Mm  no  widow,  a  or  child 

or  children,  other  than  these  claimants. 


5:22  CLAIMS    FOR   BOUNTY    MONET. 

This  declaration  is  made  for  the  purpose  of  obtaining  the  ar- 
rears of  pay,  bounty  money,  extra  pay  and  all  other  arrearages 
or  sums  of  money  due  by  reason  of  the  service  of  the  soldier 

above  named ;  and is  hereby  constituted attorney  to 

prosecute  this  claim,  and  is  authorized  to  receive  and  receipt  for 
a  draft  payable  to  the  order  of  this  declarant  [or  declarants]  fo,r 
whatever  sum  may  be  allowed  on  the  same,  and  to  assign  and 
convert  the  same  into  current  funds. 

Attest:  [Two  Witnesses.} 

[Signature  of  Heirs.} 

Sworn  to,  subscribed  and  acknowledged  before  me  the  day 
and  year  first  above  written,  and  on  the  same  day  personally  ap- 
peared   and ,  residents  of ,  who,  being  duly  sworn 

according  to  law,  declare  that  they  are  personally  acquainted 
with and ,  who  have  made  and  subscribed  the  fore- 
going declaration,  and  know  that  they  are  the  children  and 

heirs-at-law  of ,  who  was  a in  Captain 's  company, 

,  of  the regiment  of volunteers,  and  who  died  [or 

was  killed]  while  in  the  service  of  the  United  States,  as  stated  in 

said  declaration.   That  the  said left  surviving  him  no  widow, 

nor  child  or  children,  other  than  the  said and .'     That 

their  knowledge  of  their  identity  as  heirs  of  the  soldier  named 
is  derived  from  personal  acquaintance.  That  they  reside  as 
above  stated,  and  are  disinterested  in  this  claim. 

[  Witnesses'  Signatures.'] 

Sworn  to  and  subscribed  before  me,  and  I  certify  that  I  am 
not  interested  in  this  claim,  nor  concerned  in  its  prosecution ; 
that  I  believe  the  affiants  to  be  credible  persons,  and  the  declar- 
ant to  be  the  person  she  represents  herself  to  be. 

[Magistrate's  Signature.} 

STATE  OP  — 

County  of 

I, ,  clerk  of  the court  in  and  for  the  county   and 

State  above  named,  do  hereby  certify  that ,  Esq.,  beforai 

whom  the  foregoing  declaration  and  affidavits  were  made,  and 
who  has  thereunto  signed  his  name,  was  at  the  time  of  so  doing 

an  acting ,  in  and  for  said  county,  duly  commissioned  and 

sworn,  that  all  of  his  official  acts,  as  such,  are  entitled  to  full 
faith  and  credit,  and  that  his  signature  thereto  is  genuine. 

In  testimony  whereof  I  have  hereunto  set  my  hand 

[L,  s.]  and  affixed  the  seal  of  said  court,  at ,  in  said 

county,  this day  of ,  A,  D.  18—. 

1  Cleric. 


CLAIMS   FOE   BOUNTY   MONEY.  523 

Claim  of  Heirs  for  Arrears,  Bounty  Money,  etc,,  of  De- 
ceased Officer  and  Soldier, 


STATE  OF  — 

/^t  A.  /»  r     uo. 

County  of $ 

On  this day  of ,  18 — ,  before  me,  a ,   in 

and  for  the  county  and  State  above  named,  personally  appeared 

: — .  aged years,  a  resident  of ,  county  of , 

State  of ,  who,  being  duly  sworn  according  to  law,  declare 

that  they  are  the  children  and  heirs  of  —  — ,  who  was  a 

in  company ,  commanded  by  Captain ,  in  the • 

regiment  of •  volunteers;  that  the  said volunteered  at 

,  on  or  about  the day  of ,   18 — ,  for , 

and  died  [or  was  killed]  at ,  on  or  about  the day   of 

— ,  18 — ,  while  in  said  service ;  that  the  said  —  —  left  surviv- 
ing him  no  widow,  nor  child  or  children,  other  than  these 
claimants. 

This  declaration  is  made  for  the  purpose  of  obtaining  the  ar- 
rears of  pay,  bounty  money,  extra  pay,  and  all  other  arrearages  or 
sums  of  money  due  by  reason  of  the  services  of  the  soldier, 

above  named ;    and is  hereby  constituted attorney  to 

prosecute  this  claim,  and  is  authorized  to  receive  and  receipt 
for  a  draft  payable  to  the  order  of  this  declarant  [or  declarants] 
for  whatever  sum  may  be  allowed  on  the  same,  and  to  assign 
and  convert  the  same  into  current  funds. 

Attest:  [Two  Witnesses.] 

[Signature  of  Heirs.] 

Sworn  to,  subscribed  and  acknowledged  before  me  the  day 
and  year  first  above  written,  and  on  the  same  day  personally  ap- 
peared   and ,  residents  of ,  who  being  duly  sworn 

according  to  law,  declare  that  they  are  personally  acquainted 
with and ,  who  have  made  and  subscribed  the  fore- 
going declaration,  and  know  that  they  are  the  children  and 

heirs-at-law  of ,  who  was  a in  Captain 's  company 

,  of  the regiment  of volunteers,  and  who  died  [01 

was  killed]  while  in  the  service  of  the  United  States,  as  stated  in 

said  declaration.      That  the  said ,  left  surviving  him  no 

widow,  nor  child  or  children,  other  than  the  said and, . 

That  their  knowledge  of  their  identity  as  heirs  of  the  soldier 
named,  is  derived  from  personal  acquaintance.  That  they  reside 
as  above  stated,  and  are  disinterested  in  this  claim. 

[  Witnesses'1  Signature.] 

Sworn  to,  and  subscribed  before  me,  and  I  certify  that  I  am 
not  interested. in  this  o'aim,  nor  concerned  in  its  prosecution ;  and 


524  CLAIMS    FOB    BOUNTY    MONEY. 

I  believe  the  affiants  to  be  credible  persons,  and  the  declarants 
the  persons  they  represent  themselves  to  be. 

[Cffieer's  Signature.] 

Here  must  follow  the  certificate  of  the  clerk,  as  in  the  pre- 
ceding case. 

When  there  are  several  heirs,  and  it  will  be  difficult  to  have 
them  unite  in  a  declaration,  one  of  them  should  take  out  letters 
of  administration,  and  make  the  claim  as  administrator. 

Application  of  Soldier  for  Arrears  of  Pay,  or  for  Arrears  of 
Pay  and  Bounty. 

STATE  OF 

County  of 

On  this day  of ,  18 — ,  before  me,  a ,  in  and  for 

the  county  and  State  above  named,  and  by  law  duly  authorized 
to  administer  oaths  for  general  purposes,  personally  appeared, 
,  aged  —  years,  who,  being  duly  sworn  according  to  law,  de- 
clares that  he  is  not  indebted  or  accountable  to  the  United  States 
on  any  account  whatever ;  and  he  further  states  that  he  is  the  iden 
tical ,  who  was  a in  company  — ,  commanded  by  Cap- 
tain   ,  in  the regiment  of volunteers,  commanded 

by  Colonel ;  that  he  enlisted  at ,  in  the  State  of , 

on  or  about  the  —  day  of ,  18 — ,  for  the  term  of ,  and 

was  honorably  discharged  at  ,  on  or  about  the  —  day  of 

,  18 — ,  by  reason  of  the  expiration  of  his  term  of  service,  and 

that  he  claims  there  is  due  him  from  the  United  States,  for  pay 
and  allowances,  as  follows : — 

lie  makes  this  declaration  to  obtain  the  arrears  of  pay,  bounty 
money,  extra  pay,  and  all  other  arrearages  or  sums  of  money  due 
him  by  reason  of  the  services  above  named,  and  he  hereby  con- 
stitutes and  appoints his  attorney  to  prosecute  this  claim, 

and  authorizes  him  to  receive  and  receipt  for  a  certificate  for 
whatever  sum  may  be  allowed  on  the  same,  and  to  attend  to  and 
procure  the  settlement  of  such  business  as  deponent  may  have 
with  the  United  States,  in  any  office  or  department  of  the  same, 
and  to  receive  and  to  receipt  for  all  sums  of  money  that  may  be 
found  due  deponent,  upon  any  account  or  claim  now  unsettled. 

Attest:  [Two  Witnesses.] 

[Signature  of  Claimant.] 

Sworn  to,  and  subscribed  and  acknowledged  before  me,  the 
day  and  year  first  above  mentioned,  and  on  the  same  day  per- 
sonally appeared  before  me  and  ,  residents  of 

,  to  me  known  as  credible  witnesses,  who,  being  duly 

•worn  according  to  law,  declare  that  they  are  personally  ao- 


CLAIMS   FOR   BOUNTY   MONEY.  525 

quainted  with  -  ,  who  has  made  and  subscribed  the  fore- 
going declaration,  and  know  that  he  is  the  identical  person  who 
performed  the  service  therein  named  ;  that  their  knowledge  of 
his  identity  is  derived  from  -  .  That  they  are  disinterested 
in  the  claim,  and  reside  at  the  place  above  named. 

[Signatures  of  Witnesses.] 

NOTE.  —  Bounty  money  can  only  be  claimed  at  the  expiration 
of  two  years  from  the  time  of  enlistment,  or  at  the  end  of  the 
war. 

Sworn  to,  and  subscribed  before  me  ;  and  I  certify  that  I  am 
not  interested  in  the  claim,  nor  concerned  in  its  prosecution  ;  and 
I  further  certify  that  I  know  the  affiants  to  be  credible  witnesses, 
and  that  the  declarant  is  the  person  he  represents  himself  to  be. 

[Officer's  Signature.] 

Power  of  Attorney  for  Drawing  Bounty  or  Pay. 


Know  all  men  by  these  presents  :   That  I,  -  —  ,  a 


company  —  ,  commanded  be  Captain  -  ,  of  the  -  regi- 
ment of  -  volunteers,  commanded  by  Colonel  -  ,  do 
hereby  make,  constitute,  and  appoint  -  ,  of  -  -  ,  my  true 
and  lawful  attorney,  for  me,  and  in  my  name,  place  and  stead, 
to  ask,  demand,  receive  and  receipt  for  any  and  all  bounty,  pay, 
or  other  money  due  me  from  the  United  States  Government,  for 
services  in  said  company.  And  I  do  hereby  authorize  my  said 
attorney,  for  me,  to  sign  the  pay  roll  of  said  regiment,  and  per- 
form any  and  all  other  acts  necessary  to  be  done  in  the  premises 
as  fully,  to  all  intents  and  purposes,  as  I,  myself,  if  personally 
present,  could  do,  hereby  ratifying  all  that  my  said  attorney 
shall  or  may  do  in  the  premises. 

In  testimony  whereof  I  hereto  set  my  hand  and  seal,  this  - 
day  of  -  ,  A.  D.  18—. 

T        ,  Executed  in  presence  of 

S'J       [Witnesses.] 
BTATE  OF  -  ) 


County  of  — 

On  this  day  of ,  A.  D.  18 — ,  before  me,  a , 

within  and  for  said  county,  personally  came ,  to  me  well 

known  to  be  the  identical  person  he  represents  himself  to  be 
and  acknowledged  the  signing  and  sealing  of  the  foregoing 
power  of  attorney  for  the  purposes  therein  expressed. 

And  I  certify  that  I  have  no  interest  whatsoever  in  the  claim 

of  the  said . 

[Offittr's  Signature.] 


526  PAT   AND   ALLOWANCES. 

FORMS  AND  REGULATIONS  RELATING  TO  PAY  AND 
ALLOWANCES  FOR  SERVICES  IN  THE  ARMY. 

Claims  for  pay,  extra  pay,  allowances  and  bounties,  for  services 
in  the  army,  during  the  war  of  1812,  should  be  presented  to  the 
Third  Auditor;  for  services  rendered  since  that  time  to  tibe 
Second  Auditor ;  and  for  services  in"  the  navy  or  marine  corps, 
whether  in  the  war  of  1812  or  since  that  time,  to  the  Fourth 
Auditor  of  the  Treasury.  A  volunteer  or  soldier  should  receive, 
at  the  time  of  his  discharge,  a  regular  discharge,  and  two  dupli- 
cate pay  certificates. 

With  these  papers  he  can  be  paid  by  any  paymaster  of  tho 
army  on  their  presentation.  If  the  discharged  volunteer  or 
soldier  has  failed  to  obtain  such  certificates,  and  the  regiment  to 
which  he  has  belonged  is  disbanded  or  beyond  his  reach,  or  if 
he  has  obtained  such  certificates,  and  payment  has  for  any  reason 
been  refused  upon  their  presentation  to  a  paymaster  of  the 
army,  he  should  make  a  declaration  over  his  signature  according 
to  the  Form  of  Application  for  Arrears  of  Pay  and  Bounty,  and 
forward  such  declaration,  together  with  his  pay  certificates  and 
discharge  [if  he  has  them,  if  not,  their  absence  must  be  accounted 
for  in  said  declaration]  to  the  Second  Auditor  of  the  Treasury 
Department,  at  Washington.  Such  claim  will  be  audited  by  the 
Department,  and  the  result  communicated  to  claimant  or  his 
attorney. 

Soldiers  not  entitled  to  Pay. 

The  1,638th  section  of  the  United  States  Army  Regulations 
provides  as  follows :  "  In  case  any  individual  shall  be  discharged 
within  three  months  after  entering  the  service,  for  a  disability 
which  existed  at  that  time,  he  shall  receive  neither  pay  nor 
allowances,  except  subsistence  and  transportation  to  his  home. 

Soldiers  not  Discharged. 

A  volunteer  or  soldier  at  home  on  a  furlough,  or  for  any  other 
cause  absent  from  his  regiment  on  pay  day,  should  send  power 
of  attorney  to  some  member  of  his  regiment  [captain  preferred], 
Authorizing  such  person  to  draw  his  pay. 


PAY  ^AND   ALLOWANCES.  .  527 

Official  Instructions  of  the  Second  Auditor  of  the  Treasury 
Department  in  Preparing  Claims  for  Soldiers'  Pay  and 
Bounty. 

To  enable  those  who  may  have  claims  upon  the  United  States, 
for  money  due  deceased  officers  and  soldiers,  on  account  of 
services  rendered,  whether  in  the  regular  or  volunteer  service,  to 
o'btain  the  same,  with  the  least  delay,  the  following  information 
is  furnished. 
Order  of  Payment : 

ORDER  FIRST. — If  the  deceased  was  married,  payment  will  be 
made :  first,  to  the  widow ;'  second,  if  no  widow,  to  his  child  or 
children  (if  minors,  to  the  guardian). 

ORDER  SECOND. — If  he  died  unmarried :  first,  to  the  father ; 
second,  if  the  father  is  dead,  to  the  mother ;  third,  if  both  par- 
ents are  dead,  to  the  brothers  and  sisters  collectively ;  lastly,  to 
the  heirs  general  (to  be  distributed  in  accordance  with  the  laws 
of  the  State  in  which  the  deceased  had  his  domicile). 
Application,  Proof,  and  Authentication  : 

APPLICATION. — The  claimant  or  claimants  must  make  a  writ- 
ten application,  under  oath,  and  over  his,  her,  or  their  own  sig- 
nature, stating  his,  her,  or  their  name,  age,  residence,  connection 
to  the  deceased,  with  the  letter  or  name  of  the  captain  of  the 
company  and  regiment  to  which  he  belonged  ;  time  of  his  death 
and  the  nature  of  the  pay  claimed — whether  "  arrears  of  pay," 
etc.,  and  the  "  $100  bounty,"  under  the  act  of  July  22,  1801. 

An  application  by  a  guardian  should  give  the  name  and  ago 
of  the  ward  or  wards,  and  should  be  accompanied  by  letters  of 
guardianship,  or  an  authenticated  copy  thereof.  In  the  applica- 
tion of  a  mother,  claiming  bounty,  her  husband  being  alive,  tho 
facts  upon  which  the  claim  is  made  should  be  clearly  stated  and 
proved.  If  the  soldier  die  unmarried,  leaving  no  child,  it  must 
be  stated  by  the  applicant,  and  also  by  the  disinterested  wit- 
nesses. 

PROOF. — To  satisfy  the  accounting  officers  that  the  person  or 
persons  thus  claiming  is  or  are  entitled  to  the  money  in  the 
character  he,  she,  or  they  may  claim,  the  depositions  of  two 
credible  witnesses  will  be  required,  stating  that  they  <irc  ao 


528  PAY   AND   ALLOWANCES. 

• 

quainted  with  the  claimant  or  claimants,  the  connection  held  to 
the  deceased,  and  that  they  (the  deponents)  are  disinterested. 

AUTHENTICATION. — The  application  and  depositions  above  re- 
quired to  be  subscribed  and  sworn  to  before  a  judge,  commis- 
sioner, notary  public,  or  justice  of  the  peace,  duly  authorized  to 
administer  oaths,  accompanied  by  the  certificate  and  seal  of  a 
court  of  record  as  to  the  fact  of  the  said  judge,  etc.,  being  duly 
commissioned  and  acting  in  his  official  capacity  at  the  time  of 
the  execution  of  the  foregoing  papers. 

If  the  soldier  died  unmarried,  it  must  be  so  stated  in  the  ap- 
plication of  those  claiming  to  be  his  father,  mother,  brothers  or 
sisters,  as  well  as  by  the  witnesses. 

Proof  of  marriage  (record  evidence)  if  possible,  must  always 
accompany  the  applications  of  those  claiming  to  be  widows. 

ADMINISTRATION. — As  the  taking  out  of  "  letters  of  adminis- 
tration" is  attended  with  considerable  expense  (often  unneces- 
sary), it  is  suggested  that  it  be  done  only  when  required  by  the 
Auditor. 

DISCHARGED  SOLDIERS. — When  a  soldier  or  volunteer  is  dis- 
charged, he  is  (or  should  be)  furnished  with  a  regular  "  dis- 
charge," and  two  (duplicate)  "  pay  certificates,"  and  one  or  more 
disability  certificates  if  discharged  on  account  of  disability.  Upon 
these  papers  he  can  be  paid  by  a  paymaster  of  the,  army  upon 
their  presentation.  Should  he  fail  to  present  them  for  payment  to 
a  paymaster,  or,  having  presented  them,  and  payment  refused, 
and  they  are  sent  to  this  office,  the  applicant  must  state  the  rea- 
sons for  such  refusal,  accompanied  by  proof  of  identity  and  au- 
thentication, as  in  the  case  of  deceased  soldiers.  In  no  case 
should  the  "  oath  of  identity,"  on  the  back  of  the  "  discharge" 
be  filled  up,  as  the  "  discharge"  is  returned  to  the  soldier  after 
iiis  claim  has  been  acted  upon.  Where  "  pay  certificates"  and  cer- 
tificates of  disability  have  been  withheld,  he  must  send  all  other 
papers  given  to  him  at  the  time  of  his  discharge,  together  with  the 
certificate  of  his  captain  that  no  such  certificates  were  given  to 
him,  and  the  reasons  for  withholding  them.  In  case  the  certifi- 
cates are  claimed  to.  have  been  lost,  an  affidavit  of  such  loss  must 
be  furnished,  stating  the  circumstances  under  which  it  occurred  ; 
that  lie  has  diligently  searched  for  them  without  success,  and 


PAT    AND    ALLOWANCES.  629 

that  he  lias  not  received  payment  thereon,  nor  assigned  them  to 
any  person 

MODE  OF  PAYMENT. — Payments  will  be  made  by  an  order 
from  the  accounting  officers  on  any  paymaster  of  the  army.  Such 
order  will  require  the  signature  of  the  claimant  on  its  face  be- 
fore it  will  be  paid. 

MODE  OF  PRESENTING  CLAIMS. — All  claims  of  arrears  of  pay 
and  bounty  may  be  sent  directly  to  this  office.  When  received 
they  are  entered  upon  the  register ;  as  soon  as  practicable  they 
will  be  examined,  and  if  found  correct  in  form,  they  are  placed 
upon  the  files  for  settlement,  and  their  receipt  acknowledged. 
If  incorrect,  the  party  sending  it  is  immediately  notified.  No 
"special  cases"  will  be  made  at  the  solicitation  of  attorneys,  but 
when  evidence  can  be  obtained,  cases  will  be  audited  in  the 
order  in  which  they  are  received.  Thj2  only  exception  to  this 
rule  is  when,  in  settling  a  case  in  its  order,  evidence  is  found 
upon  the  same  rolls  by  which  to  settle  other  claims  of  soldiers 
deceased  in  the  same  company.  Letters  of  inquiry  in  relation  to 
a  claim,  should  specify  the  name  of  the  deceased,  and  the  compa- 
ny, regiment,  and  State  to  which  he  belonged ;  and  in  all  cases, 
to  secure  an  answer,  the  name,  post-office,  and  State  of  the  writer 
should  be  distinctly  written. 

FORMS. — The  form  accompanying  this  circular  is  intended  only 
as  a  guide,  and  must  be  varied  to  suit  special  cases.  No  claim 
is  rejected  on  account  of  the  form  in  which  it  is  presented,  if  it 
substantially  complies  with  the  instructions. 

To  CORRRESPONDENTS. — Letters  of  inquiry,  relating  to  the  pay 
of  soldiers  in  hospital  or  on  furlough,  should  be  addressed  to  the 
Paymaster  General.  Inquiries  relating  to  the  pay  of  deceased 
teamsters  or  other  employees  of  the  Quartermaster's  Department, 
or  for  horses  killed  in  the  service,  to  the  Third  Auditor ;  and  re- 
lating to  the  pay  and  bounty  of  persons  in  the  marine  or  naval 
service,  to  the  Fourth  Auditor. 

General  Order  for  Payment  of  Prisoners  of  War. 

Payment  will  be  made  to  persons  presenting  a  written  author- 
ity from  a  prisoner  to  draw  his  pay ;  or,  without  such  authority, 
to  ids  wife,  the  guardian  of  his  minor  children,  or  his  widowed 


630  PAY   AND   ALLOWANCES. 

mother  in  ttte  order  named.  Application  for  -such  payment  to 
be  made  to  the  senior  paymaster  of  the  district  in  which  the 
prisoner  is  serving,  and  must  be  accompanied  by  the  certificate 
of  a  judge  of  a  court  of  the  United  States,  or  of  some  other  party, 
under  the  seal  of  a  court  of  record  of  the  State  in  which  the  appli- 
cant is  a  resident,  setting  forth  that  the  applicant  is  the  wife 
of  the  prisoner,  the  guardian  of  his  children,  or  his.  widowed 
mother ;  and,  if  occupying  either  of  the  last  two  relationships 
towards  him,  that  there  is  no  one  in  existence  who  is  more  nearly 
related  to  him,  according  to  the  above  classification. 

Payments  will  be  made  to  parties  thus  authorized  and  identi- 
fied, or  their  receipts  made  out  in  a  manner  that  would  be  recog- 
nized by  the  prisoner  himself,  at  least  one  month's  pay  being  in 
all  cases  retained  by  the  United  States.  The  officer  making  the 
payment,  will  see  that  i£  is  entered  on  the  last  previous  muster- 
roll  for  the  payment  of  the  prisoner's  company,  or  will  report  it, 
if  those  rolls  are  not  in  his  possession,  to  the  senior  paymaster  oi 
the  district,  who  will  either  attend  to  the  entry  or  give  notice 
of  the  payment  to  the  Paymaster-General,  if  the  rolls  have  been 
forwarded  to  his  office. 

Rules  Observed  at  the  Office  of  the  Fourth  Auditor  in  the 
Settlement  of  Claims  to  Balances  Due  to  Deceased  Seamen 
or  Marines  at  the  time  of  their  Death. 

1.  Payment  of  balances  due  deceased  seamen  or  marines  will 
not  be  made  except  to  administrators,  who  are  heirs,  or  appointed 
with  the  consent  oflieirs,  or  to  creditors  to  the  amount  of  their 
respective  claims.  But  no  payment  shall  be  made  to  a  creditor 
until  the  balance  due  the  deceased  person  shall  have  remained 
in  the  Treasury,  uncalled  for  by  an  administrator  appointed  as 
aforesaid,  for  six  weeks  after  information  of  the  death  of  such 
person  shall  have  been  received  at  the  Department ;  and  where 
the  balance  exceeds  the  sum  of  twenty  dollars,  no  claim  of  a 
creditor  will  be  paid,  until  an  advertisement  shall  have  been  in- 
serted for  three  successive  days,  in  the  newspaper  employed  to 
publish  the  laws  in  the  city  of  Washington,  calling  upon  other 
claimants  to  present  their  claims  at  the  office  of  the  Fourth  Au- 
ditor within  two  months ;  at  the  end  of  which  term,  if  the  bal- 


PAY   AND   ALLOWANCES.  531 

ancc  shall  not  have  been  demanded  by  an  administrator  ap- 
pointed as  aforesaid,  the  claims  which  shall  have  been  presented 
and  proved  before  the  accounting  officers  will  be  paid  in  equal 
proportion,  the  expense  of  the  advertisement  having  been  first 
defrayed  out  of  the  sum  due  to  the  deceased  person  at  the  time 
of  his  death. 

2.  Payment  of  arrearages  claimed  under  a  will,  will  only  be 
made  after  satisfactory  proof  of  the  will  is  adduced  to  the  ac- 
counting officers.     Wills  of  persons  in  actual  service  must  be  in 
writing,  and  attested  by  an  officer,  if  the  testator  were  not  him- 
self an  officer.     The  executor  will  be  required  to  produce  the 
original  will,  or  a  copy  duly  authenticated. 

3.  Heirship,  or  consent  of  lieirs,  may  be  shown  by  the  fact 
being  inserted  in  the  letters  of  administration,  or  must  be  proved 
by  the  affidavit- of  two  disinterested  persons,  taken  before  an  of- 
ficer empowered  to  administer  oaths. 

4.  Payment  may  be  made  immediately  to  the  heirs  of  the  de- 
ceased, when  it  shall  be  shown  that  the  cost  of  obtaining  ad- 
ministration at  the  proper  place  would  exceed  one-third  part  of 
the  balance  due. 

5.  The  penalty  of  the  administration  bond  should  be  shown 
by  the  certificate  of  administration,  or  otherwise. 

Form  of  Application  for  Payment  for  Horses,  or  other  Prop- 
erty Lost  or  Destroyed. 

STATE  OF ( 

County  of \  Sl 

On  this day  of ,  A.  D.  18 — ,  personally  appeared  before 

me,  a within  and  for  said  county,  duly  authorized  to  ad- 
minister oaths, ,  a  resident  of  said  county,  to  me  well  known, 

who  being  by  me  duly  sworn,  deposes  and  says  that  he  is  the 

identical ,  who  was  a in  the  company  commanded  by 

,  in  the regiment  of ,  commanded  by ;  that  he 

entered  the  service  of  the  United  States  on  or  about  the day 

of—     — ,  A.  D.  18 — ,  and  was  regularly  mustered  into  said  ser- 
vice, and  mounted  upon  a  horse  of  the  following  description, 

!>&., ,  which  said  horse  was  appraised  in  due  form  of  the 

value  of  $ ,  that  he  continued  mounted  upon  the  said  horse 

until  the day  of ,  18 — ,  when  the  said  horse  was  lost 

in  consequence  of,  and  in  the  manner  following,  viz. :  . 

That  at,  the  time  of  the  loss  aforesaid  he  was  under  the  iinme- 


532  PROPERTY   LOST   OR   DESTROYED. 

diate  command  of ,  that  he  was  remounted  on  the 

day  of ,  A.  D.  18 — ,  on  a  horse  valued  at  $ —    — ,  which 

he  obtained  of ,  who  was ,  and  continued  so  remounted 

until  the day  of ,  18—,  when  he  was  regularly  and 

honorably  mustered  out  of  the  service  by . 

And  further,  that  he  has  not  received  from  any  officer  or  agent 
of  the  United  States  any  horse,  or  other  property  in  lieu  of  the 
horse  lost  as  aforesaid,  nor  has  he  received  any  compensation  for 
the  same ;  the  same  having  been  lost  without  any  fault  or  neg 
ligence  on  his  part. 

[Claimant's  Signature.] 

Sworn  to  and  subscribed,  before  me,  this  — —  day  of , 

A.  D.  18—. 

[Officer's  Signature.] 

NOTE. — If  the  property  was  hired  by  the  government,  the  fact 
should  be  stated,  giving  also  the  name,  official  rank  and  position 
of  the  person  who  made  the  contract ;  or  if  impressed  for  the 
use  of  the  army,  a  description  of  the  property,  also  the  name, 
official  position,  etc.,  of  the  person  seizing  the  same. 

STATE  OP  — 
County  of  — 

On  this •  day  of ,  A.  D.  18 — ,  before  me,  a ,  within 

and  for  said  county,  duly  authorized  by  law  to  adminster  oaths, 

personally  came  ,  a  resident  of  said  county,  to  me  well 

known  to  be  a  credible  witness,  who,  being  by  me  duly  sworn, 

deposes  and  says  that  he  is  the  identical ,  who  was  the 

Captain  commanding  the  company ,  in  the  regiment  com- 
manded by  Colonel ,  in  the  service  of  the  United  States,  in 

the  war  with  ,  that  was  a in  the  said  company, 

having  been  regularly  enrolled  and  mustered  into  the  service, 
that  at  the  time  he  was  mustered,  he  was  mounted  on  a  horse 

of  the  following  description,  viz. : ,  which  said  horse  was 

duly  appraised  and  valued  at  $ ,  that  the  horse  above  de- 
scribed was  lost  on  the day  of ,  in  consequence  of . 

in  the  manner  following,  viz. : ,  which  said  loss  was  sustained 

without  any  fault  or  negligence  on  the  part  of  the  claimant. 

And  deponent  further  states,  that  the  said was  remounted 

after  said  loss,  on  the  day  of  ,  A.  D.  18 — ,  and  con- 
tinued BO  remounted  until  the day  of ,  A.  D.  18 — . 

And  deponent  further  states,  that  the  horse  upon  which  the 

said was  remounted  after  said  loss,  was  not  furnished  by 

the  United  States,  nor  any  of  their  officers  or  agents,  nor  been 
owned  by  another  mounted  militiaman  or  volunteer,  to  whom 
payment  for  the  loss  and  risk  thereof,  or  for  its  forage  while  in 
possession  of  the  said ,  could  have  been  made  except . 


PAY    AND    ALLOWANCES,  533 

And  deponent  further  states,  that  the  horse  upon  which  the 

said was  remounted,  was  purchased  by  him  of  one , 

and  the  sum  of  $ paid  for  the  same. 

And  deponent  further  states,  that  the  said was  honorably 

discharged  on day  of ,  18 — . 

Subscribed  and  sworn  to,  before  me,  the  day  and  year  aforesaid. 

[  Officer's  Signature.'} 

Power  of  Attorney. 

Know  all  men  by  these  presents  that  I, ,  of , 

named  in  the  foregoing  declaration  and  affidavit,  do  hereby 
constitue  and  appoint ,  my  true  and  lawful  attorney,  au- 
thorizing him  to  file  this  my  claim  for  payment,  for in 

the  military  service  of  the  United  States  and  to  do  all  acts  neces- 
sary and  proper  in  the  premises ;  to  receive  and  receipt  for  a 
draft  payable  to  my  order  for  such  sum  as  may  be  found  due 
upon  examination  and  settlement  of  my  claim. 

Witness  my  hand  and  seal  this day  of ,  A.  D.  18 — . 

Signed,  sealed  in  presence  of  r       -, 

[Two  Witnesses.'] 

STATE  OF ) 

County  of \  8t 

On  this day  of ,  A.  D.  18 — ,  personally  appeared 

before  me  the  above  named ,  to  me  known,  and  acknow- 
ledged the  foregoing  power  of  attorney  to  be  his  act  and  deed 
for  the  purpose  therein  mentioned. 

[Officer '&  Signature.] 


534  THE   CONSTITUTION. 


CONSTITUTION 

OF    THE 

UNITED  STATES  OF  AMERICA. 


WE,  the  People  of  the  United  States,  in  order  to  form  a  more  per 
feet  Union,  establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defence,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  CONSTITUTION  for  the  United  States  of  America 

ARTICLE    I. 

SECTION  1.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

SEC.  2.  The  House  of  Representatives  shall  bo  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several 
States,  and  the  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State 
Legislature. 

No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabi- 
tant of  that  State  in  which  ho  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  tho 
United  States,  and  within  every  subsequent  term  of  ten  years,  in 
Buch  manner  as  they  shall  by  law  direct.  The  number  of  Rep- 
resentatives shall  not  exceed  one  for  every  thirty  thousand,  bu 
each  State  shall  have  at  least  one  Representative  ;  and  until  such 
enumeration  shall  be  made,  the  State  of  New-Hampshire  shall  be 
entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and 
Providence  Plantations  one,  Connecticut  five,  New-York  six,  New- 


THE   CONSTITUTION.  535 

Jersey  four,  Pennsylvania  eight,  Delaware  one, Maryland  six,  Vir- 
ginia ten,  North  Carolina  five,  South  \  arolina  five,  and  Georgia 
three. 

When  vacancies  happen  in  the  representation  from  any  State, 
the  Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill 
euch  vacancies. 

The  House  of  Representatives  shall  choose  their  Speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 

SEC.  3.  The  Senate  of  the  United  States  shall  be  composed  o! 
two  Senators  from  each  State,  chosen  by  the  Legislature  thereof 
for  six  years ;  and  each  Senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class 
At  the  expiration  of  the  fourth  year,  and  of  the  third  class  at  the 
expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year  •  and  if  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  Legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  appointments  until  the  next  meet- 
ing of  the  Legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a 'President 
pro  tempore,  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Jus- 
tice shall  preside ;  And  no  person  shall  be  convicted  without  the 
concurrence  of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold,  and  enjoy  any 
office  of  honor,  trust  or  profit  under  the  United  States;  but  the 
party  convicted  shall  nevertheless  be  liable  and  subject  to  indict- 
ment, trial,  judgment  and  punishment,  according  to  law. 

SEC.  4.  The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may  at  any  time  by 
law  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and 
euch  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  aopoint  a  different  day 


53G  THE    CONSTITUTION. 

SEC.  5.  Each  House  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business ;  but  a  smaller"  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  tho 
attendance  of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proseedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of 
two  thirds,  expel  a  member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secresy;  and  the  Yeas  and  Nays  of  tho 
members  of  either  House  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  tho  Journal. 

Neither  House,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SEC.  6.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law  and  paid  out 
of  the  treasury  of  the  United  States.  They  shall  in  all  cases,  ex- 
cept treason,  felony,  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same:  and  for 
any  speech  or  debate  in  cither  House,  they  shall  not  be  questioned 
in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created  or  the  emolu- 
ments whereof  shall  have  been  increased  during  such  time ;  and 
no  person  holding  any  office  under  the  United  States  shall  be  a 
member  of  either  House  during  his  continuance  in  office. 

SEC.  7.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate, -shall,  before  it  becomes  a  law,  be  presented  to  the 
President  of  the  United  States  :  If  he  approve,  he  shall  sign  it;  but 
if  not,  lie  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at 
largo  on  their  Journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two  thirds  of  that  House  shall  agree  to  pass  tho 
bill,  it  shall  be  pent,  together  with  the  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and,  if  approved 
by  two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  Houses  shall  be  determined  by  Yeas 
and  Nays,  and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  Journal  of  each  House,  respectively 


THE    CONSTITUTION.  537 

ff  any  bill  shall  not  bo  returned  by  the  President  within  ten  days 
Sundays  cxcepted)  after  it  shall  have  been  presented  to  him,  the 
stime  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Congress  by  their  adjournment  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
Senate  'and  House  of  Representatives  may  be  necessary  (except  on 
a  question  of  adjournment)  shall  be  presented  to  the  President  of 
the- United  States;  and  before  the  same  shall  take  effect,  shall  be 
appi  ived  by  him  ;  or,  being  disapproved  by  him,  shall  be  repassed 
by  two  thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

SEC.  8,  The  Congress  shall  have  Power-^- 

To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,  to  pay  the 
debts  and  provide  for  the  common  defence  and  general  welfare  of 
the  United  States  :  but  all  Duties,  Imposts  and  Excises  shall  be 
uniform  throughout  the  United  States; 

To  borrow  money  on  the  credit  of  the  United  States ; 

To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States,  and  with  the  Indian  tribes : 

To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States  ; 

To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures ; 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States ; 

To  establish  poet-offices  and  post-roads  ; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to 
thnir  respective  writings  and  discoveries  ; 
•     To  constitute  tribunals  inferior  to  the  Supreme  Court; 

To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offences  against  the  laws  of  nations ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
laws  concerning  captures  on  land  and  water  ; 

To  7-aise  and  support  armies,  but  no  appropriation  of  money  to 
hat  use  shall  be  for  a  longer  term  than  two  years ; 

To  provide  and  maintain  a  navy  ; 

To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces : 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections  and  repel  invasions ; 

To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively 
the  appointment  of  th»  officers,  and  the  authority  of  training  tbo 
militia  according  to  the  discipline  prescribed  by  Congr«v*  • 


538  THE    CONSTITUTION. 

To  oxercise  exclusive  legislation,  in  all  cases  whatsoover,  ovei 
such  district  (not  exceeding  ten  miles  square)  as  nay,  bv  cession  ol 
particular  States,  and  the  acceptance  of  Congress,  become  the  Seat 
of  the  Government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the  Legis- 
lature of  the  State  in  which  the  same  shall  be.  for  the  erection  of 
forts,  magazines,  arsenals  dock-yards,  and  other  needful  buildings; 
and 

To  make  all  laws  which  shall  be  necessary  and  proper  for  car 
rying  into  execution  the  foregoing  powers,  and  all  other  Power 
vested  by  this  Constitution  in  the  Government  of  the  United  States, 
or  in  any  department  or  officer  thereof. 

SEC.  9.  The  migration  or  importation  of  such  persons  as  any  of 
the  States  now  existing  shall  Ihink  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight  but  a  tax  or  duty  may  be  imposed  on  such  im- 
portation, not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safely  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation,  or  other  direct  tax  shall  be  laid,  unless  in  pro- 
portion  to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State. 

No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  State  over  those  of  another ;  nor  shall 
vessels  bound  to  or  from  one  State,  be  obliged  to  enter,  clear,  or 
pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  and  ac- 
count of  the  receipts  and  expenditures  of  all  public  money  shall  bo 
published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States :  And 
no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, office,  or  title,  of  any  kind  whatever,  from  any  king,  prince 
or  foreign  State. 

SEC.  10.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federat  on :  grant  letters  of  marque  and  reprisal;  coin  money, 
emit  bills  of  credit;  make  anything  but  gold  and  silver  coin  a  ten- 
der in  payment  of  debts  ;  pass  any  bill  of  attainder,  ex  post  mcto 
law,  or  law  impairing  the  obligation  'jf  contracts,  or  grant  any 
title  of  nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  cr  exports,  except  \rhat  may  be  abso- 


THE   CONSTITUTION.  539 

lutely  necessary  for  executing  its  inspection  laws;  and  tlie  ne 
produce  of  all  uuties  and  imposts,  laid  by  any  State  on  imports  01 
exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of 
the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  duty 
of 'tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter 
into  any  agreement  or  compact  with  another  State,  or  with  a 
foreign  power,  or  engage  in  war,  unless  actually  invaded,  or  in 
guch  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE     II. 

SECTION  1.  The  Executive  Power  shall  be  vested  in  a  Presiden 
of  the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  Vice-President,  chosen 
for  the  same  term,  be  elected,  as  follows : 

Each  State  shall  appoint,  in  such  manner  as  the  Legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num 
ber  of  Senators  and  Representatives  to  which  the  State  may  be 
entitled  in  the  Congress ;  but  no  Senator  or  Representative,  or  per- 
«on  holding  an  office  of  trust  or  profit  under  the  United  States, 
jhall  be  appointed  an  Elector. 

[The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  in- 
habitant of  the  same  State  with  themselves.  And  they  shall  mako 
a  list  of  all  persons  voted  for,  and  of  the  number  of  votes  for  each ; 
which  list  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  Government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all  the  Cer- 
tificates, and  the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors  ap- 
pointed •  and  if  there  be  more  than  one  who  have  such  majority, 
mid  have  an  equal  number  of  votes,  then  the  House  of  Represen- 
tatives shall  immediately  choose  by  ballot  one  of  them  for  the 
President*  and  if  no  person  have  a  majority,  then  from  the  five 
highest  on  the  list  the  said  House  shall  in  like  manner  choose  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  Representation  from  each  State  having  one  vote.  A 
quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two  thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice  of 
the  President,  the  person  having  the  greatest  number  of  votes  of 
the  Electors  shall  be  the  Vice-President.  But  if  there  should  re- 
main two  or  more  who  have  equal  votes,  the  Senate  shall  chc'jse 
from  them  by  ballot  the  Vice-President.*] 

•  Thia  cltuso  has  been  superseded  and  annulled  by  tlia  12t'    Amendment 


540  THE   CONSTITUTION. 

The  Congress  may  determine  the  time  of  choosing  the  Electors 
and  the  day  on  which  they  shall  give  their  votes;  which  day  shall 
t>e  the  same  throughout  the  United  States. 

No  person  except  a  natural-born  citizen,  or  a  citizen  of  the 
United  States,  at  the  time  of  the  adoption  of  this  Constitution 
fihall  be  eligible  to  the  office  of  President;  neither  shall  any  per- 
son be  eligible  to  that  office  who  shall  not  have  attained  to  the  age 
of  thirty-five  years3  and  been  fourteen  years  a  resident  within  the 
United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  hig 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  tl.e  said  office,  the  same  shall  devolve  on  the  V  ice-President, 
and  the  Congress  may  by  law  provide  for  the  case  of  removal, 
death,  resignation,  or  inability,  both  of  the  President  and  Vice- 
President,  declaring  what  officer  shall  then  act  as  President,  and 
such  officer  shall  act  accordingly,  until  the  disability  be  removed, 
or  a  President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished 
daring  the  period  for  which  he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  period  any  other  emolument  from  the 
United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute"  the  office  of  Pros!- 
dent  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve,  protecti 
and  defend  the  Constitution  of  the  United  States." 

SEC.  2.  The  President  shall  be  Commander-m-Chief  of  the  Army 
and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several 
States,  when  called  .into  the  actual  service  of  the  United  States ; 
he  may  require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  Executive  Departments,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices ;  and  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offences  against  the  United  States, 
except  in  cases  of  Impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  tho 
Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators  pre- 
sent concur  ;  and  he  shall  nominate,  an  1  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  Supreme  Court,  and  all  other 
offio^rs  of  the  United  States,  whose  appointments  are  not  herein 
otlisrwiso  provided  for.  and  which  shall  be  established  by  law 
but  the  Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers  as  they  they  think  proper  in  the  President  alono,  iu  tho 
Courts  of  I^aw,  or  in  the  Heads  of  Departments. 


THE  CONSTITUTION.  541 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions, 
which  shall  expire  at  the  end  of  their  next  session. 

SEC.  3.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consider- 
ation such  measures  as  he  shall  judge  necessary  and  expedient;  he 
may,  on  extraordinary  occasions,  convene  both  Houses,  or  either 
of  them :  and  in  case  of  disagreement  between  them,  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper;  he  shall  receive  Ambassadors  and  other 
public  Ministers ;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United 
States. 

SEC.  4.  The  President,  Vice-President,  and  all  Civil  Officers  of 
the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  Treason,  Bribery,  or  other  high  Crimes  and 
Misdemeanors. 

ARTICLE     III. 

SECTION  1.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  Courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The  judges, 
both  of  the  Supreme  and  inferior  Courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office. 

SEC.  2.  The  judicial  power  shall  extend  to  all  cases,  in  Law  and 
Equity,  arising  under  this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties  made,  or  which  shall  be  made,  under  their 
authority ; — to  all  cases  affecting  Ambassadors,  other  public  Minis- 
ters, ana  Consuls; — to  all  cases  of  admiralty  and  maritime  juris- 
diction : — to  controversies  to  which  the  United  States  shall  be  a 
party ; — to  controversies  between  two  or  more  States  ; — between  a 
State  and  citizens  of  another  State ; — between  citizens  of  different 
States ; — between  citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States,  and  between  a  State,  or  the  citizens 
thereof,  and  foreign  States,  citizens  or  subjects. 

In  all  cases  affecting  Ambassadors,  other  public  Ministers  atid 
Consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supremo 
Court  shall  have  original  jurisdiction.  In  all  the  other  cases  bo 
fore  mentioned,  the  Supreme  Court  shall  have  appellate  jurisdic- 
tion, both  as  to  law  and  fact,  with  such  exceptions  and  under  such 
regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  Impeachment,  shall 
be  by  jury ;  and  such  trial  shall  be  held  in  the  State  where  the 
gaid  crimes  shall  have  been  committed  ;  but  when  not  committed 
within  any  State,  the  trial  fhall  bo  at  such  place  or  places  OP  t.h? 
fortress  may  by  law  have  directed. 


542  THE   CONSTITUTION. 

SEC  3.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  Court. 

The  Congress  shall  have  powar  to  declare  the  punishment  of 
treason,  but  no  Attainder  of  Treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  attainted 

ARTICLE    IV. 

SECTION  1.  Full  faith  and  credit  shall  be  given  in  each  State  t 
the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State.     And  the  Congress  may  by  general  laws  prescribe  the  man- 
ner in  which  such  acts,  records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

SEC.  2.  The  citizens  of  each  State  shall  be  entitled  to  all  priv- 
ileges and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fied.  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due. 

SEC.  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union  :  but  no  new  State  shall  be  formecl  or  erected  within  the 
jurisdiction  of  any  other  State;  nor  any  State  be  formed  by  the 
junction  of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  Legislatures  of  the  States  concerned,  as  well  as  of 
the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful  rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States  :  and  nothing  in  this  Constitution 
shall  be  so  construed  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  State. 

SEC.  3.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  Government,  and  shall  protect  each 
of  them  against  invasion  ;  and  on  application  of  the  Legislature, 
or  of  the  Executive  (when  the  Legislature  cannot  be  convened), 
against  domestic  violence. 

ARTIC  LEV. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  doom 
A  necossary,  shall  propose  Amendments  to  this  Constitution,  or,  oo 


THE    CONSTITUTION.  543 

the  application  of  the  Legislatures  of  two  thirds  of  the  several 
States,  shall  call  a  Convention  ibr  proposing  Amendments,  which, 
in  either  case,  shall  be  valid  to  all  intents  and  purposes,  as  park 
of  this  Constitution,  when  ratified  by  the  Legislatures  of  three 
fourths  of  the  several  States,  or  by  Conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may  be  pro- 
posed  by  the  Congress; — Provided,  that  no  Amendment  which 
may  be  made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall  in  any  manner  affect  the  first  and  fourth  Clauses  in 
the  Ninth  Section  of  the  first  Article ;  and  that  no  State,  with- 
out its  consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE    VI. 

All  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States,  under  this  Constitution,  as  under  the  Confederation. 

This  Constitution  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  Treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land ;  and  the  Judges  in  every  State  shall 
be  bound  thereby,  any  thing  in  the  Constitution  or  law?  of  any 
State  to  the  contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  Legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution  ; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States, 

ART  I  CLE     VII 

The  ratification  of  the  Conventions  of  nine  States  shall  be  suffi- 
cient for  the  establishment  of  this  Constitution  between  the  States 
so  ratifying  the  same. 

DONE  in  Convention,  by  the  unanimous  consent  of  the  States 
present,  the  seventeenth  day  of  September,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty -seven,  and  of 
the  Independence  of  the  United  States  of  America  the  twelfth, 
In  Witness  whereof,  we  have  hereunto  subscribed  our  names. 

GEO.  WASHINGTON, 
Presdt.  and  Deputy  from 

Neu  Hampshire. 
JOHN  LANGDON,  NICHOLAS  GILMA.N. 

Massachusetts. 
NATHANIEL  GORMAN,  RUFUS 


544 


TBE   CONSTITUTION. 


WM.  SAML.  JOHNSON. 
A.LfX.  HAMILTON 

WIL;  LIVINGSTON 
WM.  PATERSON, 

B.  FRANKLIN, 
ROBT.  MORRIS, 
THO  :  FITZSIMONS, 
JAMES  WILSON, 

GEO  :  REED, 
JOHN  DICKINSON, 
JACO:  BROOM. 

JAMES  M'HENRY, 
DANL.  CARROLL. 

JOHN  BLAIR, 

WM.  BLOUNT, 
Hu.  WILLIAMSON. 

J.  RUTLEDGE, 
CHARLES  PINCKNBY,^ 

WILLIAM  FEW, 

Attest : 


Connecticut. 

ROGER  SHERMAN. 

New-  York. 

New  Jersey. 

DAVID  BXEARLY, 
JONA.  DAYTON. 

Pennsylvania. 

THOMAS  MIFFLIN, 
GEO  :  CLYMER, 
JARED  INGERSOLL, 
Gouv :  MORRIS 

Delaware. 

GUNNING  BEDFORP,  JUM'B. 
RICHARD  BASSETT. 

Maryland. 

DAN:  OF  ST.  THOS.  JENIFE* 

Virginia. 

JAMF.S  MADISON,  JR. 

North  Carolina. 

RICHD.  DOBBS  SPAIGHT, 

South  Carolina. 

CHARLES  COTESWORTH  PINCENET 
PIERCE  BUTLFR. 

Georgia. 

ABR.  BALDWIN. 

WILLIAM  JACKSON,  Secretary, 


ARTICLES,   . 

IM  ADDITION  TO  AND  AMENDMENT  OF  THE  CONSTITUTION  OF  THB 
UNITED  STATES  OF  AMERICA,  PROPOSED  BY  CONGRESS,  AND  RATIFIED 
OY  THE  LEGISLATURES  OF  THE  SEVERAL  STATES,  PURSUANT  TO  THE 
FIFTH  ARTICLE  OF  THE  ORIGINAL  CONSTITUTION. 

(ARTICLE   i.) 

CONGRISS  shall  make  no  law  respecting  an  establishment  of  re- 
Ugion,  or  prohibiting  the  free  exercise  thereof:  or  abridging  the 


THE   CONSTITUTION.  545 

freedom  of  speech;  or  of  tho  press ;  or  the  right  of  the  people 
peaceably  to  assemble,  ajud  to  petition  the  Government  for  a  re- 
dress of  grievances. 

(ARTICLE  1 1 .) 

A  well  regulated  Militia  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

(ARTICLE   1 1 1 .) 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  man- 
ner to  bo  prescribed  bylaw. 

(ARTICLE  i  v .) 

The  right"  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  nc  warrant  shall  issue  but  upon  probable 
cause,  supported  hy  oath  or  affirmation,  and  particularly  de- 
scribing the  place  to  bo  searched,  and  the  persons  or  things  to  be 
seized 

•  (A R  TI c  L E  v .} 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  Grand 
Jury,  except  in  cases  arising  hi  tho  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  danger  ; 
nor  shall  any  person  be  subject  for  tho  same  offence  to  be  twice 
put  in  jeopardy  of  life  and  limb ;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law  :  nor 
shall  private  property  be  taken  for  public  use  without  just  com- 
pensation. 

(ARTICLE  v  i .) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and 
district  wherein  the  crime  shall  have  been  committed,  which  dis- 
trict shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  bo  con- 
fronted with  the  witnesses  agamet  him  •  to  have  compulsory  pro- 
cess for  obtaining  witnesses  in  his  favor,  and  to  have  tho  assistance 
of  counsel  for  his  defence. 

(ARTICLE  vn.) 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  presery* 


546  THE   CONSTITUTION. 

ed,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in 
any  court  of  the  Unitei  States,  than  according  to  the  rules  of  tho 
common  law. 

(ARTICLE   viii.) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed 
nor  cruel  and  unusual  punishments  inflicted 

(ARTICLE   i  x .) 

The  enumeration  in  the  Constitution  of  certain  rights,  shall  not 
bo  construed  to  deny  or  disparage  others  retained  by  the  people, 

(ARTICLE   x.) 

The  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  tho  States 
respectively,  or  to  the  people. 

(ARTICLE    x  i .) 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or 
Dy  citizens  or  subjects  of  any  foreign  State. 

(ARTICLE    xu.) 

The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  State  with  themselves;  they 
shall  name  in  their  ballot  the  person  voted  for  as  President,  anil 
in  distinct  ballots  the  person  voted  for  as  Vice-President,  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  President,  and 
of  all  persons  voted  for  as  Vice-President.  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  government  of  the  United  States,  directed  to 
the  President  of  the  Senate.  The  President  of  the  Senate  shall, 
in  presence  of  the  Senate  and  the  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  for  President,  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole  number 
of  Electors  appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  excee'dinflf  three, 
on  the  list  of  those  voted  for  as  President,  the  House  of  Represent- 
atives shall  choose  immediately,  by  ballot,  the  President.  But  in 
choosing  a  President,  the*  votes  shall  betaken  by  States,  the  rep- 
resentation from  each  State  having  one;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them 


THE    CONSTITUTION.  547 

before  the  fourth  day  of  March  next  following,  then  the  Vice- 
president  shall  act  as  President,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  President.  The  person  having 
the  greatest  number  of  votes  as  Vice-President,  shall  be  Vice- 
President,  if  such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed;  and  if  no  person  have  a  majority,  then,  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President ;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of  tha 
whole  number  shall  be  necessary  to  a  choice  But  no  person, 
constitutionally  ineligible  to  the  office  of  President,  shall  be  eligible 
to  the  office  of  Vice-President  of  the  United  Stated, 

(ARTICLE   xm.) 

SEC.  1. — Neither  slavery  nor  involuntary  servitude,  except  as 
punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  sub- 
ject to  their  jurisdiction. 

SEC.  2. — Congress  shall  have  pOTver  to  enforce  this  article  by 
appropriate  legislation. 


THE  Constitution  was  adopted  on  the  17th  September,  1787,  by 
the  Convention  appointed  in  pursuance  of  the  Resolution  of  the 
Congress  of  the  Confederation  of  the  21st  February,  1787,  and 
ratified  by  the  Conventions  of  the  several  States,  as  follows : 

By  Convention  of  Delaware 7th  December,  1T8T. 

Pennsylvania 12th  December,  1787. 

New- Jersey 18th  December,  1787, 

«  Georgia 2d  January,  1788. 

"  Connecticut 9th  January,  1788. 

"  Massachusetts 6th  February,  1788. 

"  Maryland 28th  April,  1788. 

"  South  Carolina 23d  May,  1783, 

•«  New-Hampshire 21st  June,  1788. 

"  Virginia 26th  June,  1788. 

"  New-York 26th  July,  1788. 

"  North  Carolina 21st  November,  1789. 

"  Rhode  Island 29th  May,  1790. 


The  first  ten  of  the  Amendments  were  proposed  on  the  25th 
September,  1789,  and  ratified  by  the  constitutional  number  of 
States,  on  the  15th  December,  1791 ;  the  eleventh,  on  tho  8th  Jan- 
uary, 1798 ;  the  twelfth,  on  the  25th  September,  1804,  and  tho 
thirteenth,  on  the  28th  of  March,  1864. 


550 


SEAL  OP   TUB   UNITED   STATES 


THE  GREAT  SEAT  OF  THE  UNITED  STATES 

Is  .  oiie  of  peculiar  inter- 
est, and  therefore  we  feel 
warranted  in  giving  more 
details  of  its  design  and 
history  than  can  be  allotted 
to  the  Seals  of  the  several 
States.  Soon  after  the  de- 
claration of  independence, 
Benjamin  Franklin,  John 
Adams,  and  Thomas  Jef- 
ferson were  appointed  a 
committee  to  prepare  a 
great  seal  for  the  infant  re- 
public ;  and  they  employed 
a  French  West  Indian, 
named  Du  Simitiere,  not 
only  to  furnish  designs,  but 
also  to  sketch  such  devices 
as  were  suggested  by  them- 
selves. In  one  of  his  de- 
signs, the  artist  displayed  on  a  shield  the  armorial  ensigns  of  the  several 
nations  from  whence  America  had  been  peopled — embracing  those  of 
England,  Scotland,  Ireland,  France,  Germany,  and  Holland.  On  one 
side  wns  placed  Liberty  with  her  cap,  and  on  the  other  was  a  rifleman 
in  uniform,  with  his  rifle  in  one  hand  and  a  tomahawk  in  the  other — 
the  dress  and  weapons  being  peculiar  to  America. 

Franklin  proposed,  for  the  'device,  Moses  lifting  his  wand,  and  dividing 
the  Red  Sea,  and  Pharaoh  and  his  hosts  overwhelmed  with  the  waters. 
For  a  motto,  the  words  of  Cromwell,  "  Rebellion  to  tyrants  is  obedience 
to  God." 

Adams  proposed  the  Choice  of  Hercules  ;  the  hero  resting  on  a  club, 
Virtue  pointing  to  her  rugged  mountain  on  one  hand,  and  persuading 
him  to  ascend  ;  and  Sloth,  glancing  at  her  flowery  paths  of  pleasure, 
wantonly  reclining  on  the  ground,  displaying  the  charms,  both  of  her 
eloquence  and  person,  to  seduce  him  into  vice. 

Jefferson  proposed  the  Children  of  Israel  in  the  Wilderness,  led  by  a 
cloud  by  day  and  a  pillar  of  fire  by  night ;  and,  on  the  reverse,  Hengist 
and  Horsft,  the  Saxon  chiefs,  from  whom  we  claim  the  honor  of  being 


SEAL  OP  THE   UNITED   STATES.  551 

descended,  and  whose  political  principles  and  form  of  government  we 
have  assumed. 

Franklin  and  Adams  then  requested  Jefferson  to  combine  their  ideas 
in  a  compact  description  of  the  proposed  great  seal,  which  he  did,  and 
that  paper,  in  his  ha  ad  writing,  is  now  in  th'e  office  of  the  Secretary  of 
State  at  Washington.  This  design  consisted  of  a  shield  with  six  qu&r- 
terings,  parti  one,  coupi  two,  in  heraldic  phrase.  The  first  gold,  and  an 
enameled  rose,  red  and  white,  for  England  ;  the  second  white,  with  a 
thistle,  in  its  proper  colors,  for  Scotland  ;  the  third  green,  with  a  harp 
of  gold,  for  Ireland ;  the  fourth  blue,  with  a  goldon  lily-flower,  for 
France  ;  the  fifth  gold,  with  the  imperial  black  eagle,  for  Germany ; 
and  the  sixth  gold,  with  the  Belgic  crowned  red  lion,  for  Holland. 
These  denoted  the  countries  from  which  America  had  been  peopled. 
He  proposed  to  place  the  shield  within  a  red  border,  on  which  there 
should  be  thirteen  white  escutcheons,  linked  together  by  a  gold  chain, 
each  bearing  appropriate  initials,  in  black,  of  the  confederated  States. 
Supporters,  the  Goddess  of  Liberty  on  the  right  side,  in  a  corslet  of 
armor,  in  allusion  to  the  then  state  of  war,  and  holding  the  spear  and 
cap  in  her  right  hand,  while  her  left  supported  the  shield.  On  the  left, 
the  Goddess  of  Justice,  leaning  on  a  sword  in  her  right  hand,  and  in 
her  left  a  balance.  The  crest,  the  eye  of  Providence  in  a  radiant  tri- 
angle, whose  glory  should  extend  ovor  the  shield  and  beyond  the 
figures.  Motto:  E  Pluribus  Unum — 'Many  in  one."  Around  the 
whole,  "  SEAL  OP  THE  UNITED  STATES  OB-  AMERICA,  MDCCLXXVI."  For 
the  reverse,  he  proposed  the  device  of  Pharoah  sitting  in  an  open 
chariot,  a  crown  on  his  head  and  a  sword  in  his  hand,  passing  through 
the  divided  waters  of  the  Red  Sea  in  pursuit  of  the  Israelites.  Rays 
from  a  pillar  of  fire  in  a  cloud,  expreoslve  of  the  Divine  presence  and 
command,  beaming  on  Moses,  who  stands  on  the  shore,  and,  extending 
his  hand  over  the  sea,  causes  it  to  overwhelm  Pharoah  and  his  follow- 
ere.  Motto  :  "  Rebellion  to  tyrants  is  obedience  to  God." 

Jefferson's  device  was  highly  approved  by  his  coadjutors,  and  the 
committee  reported  on  the  10'Ji  of  August,  1776  ;  but,  for  some  unac- 
countable reason,  their  report  was  neglected,  not  having  been  even 
placed  on  record  ;  and  the  affair  was  allowed  to  slumber  until  the  24th 
of  March,  1779,  when  Measrs.  Lovell,  of  Massachusetts,  Scott,  of  Vir- 
ginia, and  Houstoun,  cf  Georgia,  were  appointed  a  committee  to  mako 
another  device. 

On  the  10th  of  May  following  they  reported  in  favor  of  a  seal  four 
inches  in  diameter,  ono  side  of  which  should  be  composed  of  a  shield 
with  thirteen  diagonal  stripes,  alternate  red  and  white.  Supporters,  a 
warrior,  holding  a  sword,  on  one  side,  and  on  the  other  the  figure  of 
Peace,  bearing  jm  olive  branch.  The  crest,  a  radiant  constellation  of 
thirteen  stare.  Motto  :  Bella  vd  Pace — "  For  War  01  Peace,"  and  the 
legend,  "  Seal  of  the  United  States,"  On  the  reverse,  the  figure  of 
Liberty ,  peated  m  a  chair,  holding  the  staff  and  cap.  Motto  :  Semper — 
k*  Forever  " — and  underneath,  MDCCLXXVI.  This  report  was  re-com- 
mitted, end  again  submitted  with  some  slight  modifications  (substituting 
the  figure  of  an  Indian  with  bow  and  arrows  in  his  right  hand  for  that 
of  a  warrior)  just  a  year  afterward  ;  but  it  was  not  accepted,  and  the 
matter  rostcd  until  April,  1782,  when  Henry  Middleton,  Elias  Boudinot 


552  SEAL    OF    THE    UNITED    STATES. 

aud  Edward  Rutledge  were  appointed  a  third  committee  to  prepare  a 
seal.  They  reported  on  the  9th  of  May  following,  substantially  the 
same  as  the  committee  of  1779  and  1780  ;  but,  this  not  being  satisfac- 
tory to  Congress,  ou  the  loth  of  June  the  whole  matter  was  referred  to 
Charles  Thomson,  its 'secretary . 

He  in  turn  procured  several  devices,  among  which  was  one  by  Wil- 
liam Barton,  of  Philadelphia,  consisting  of  an  escutcheon,  with  a  blue 
border,  spangled  with  thirteen  stars,  and  divided  in  the  centre,  perpen- 
dicularly, by  a  gold  bar.  On  each  side  of  this  division,  witliin  the 
blue  border,  thirteen  bars  or  stripes,  alternate  red  and  white,  like  the 
American  flag  adopted  on  the  14th  of  June,  1777.  Over  the  gold  bar 
an  eye  surrounded  with  a  glory,  and  in  the  gold  bar  a  Doric  column 
resting  on  the  base  of  the  escutcheon,  having  a  displayed  eagle  on  its 
summit.  .The  crest,  a  helmet  of  burnished  gold,  damasked,  grated  with 
six  bars,  and  surmounted  by  a  red  cap  of  dignity,  such  as  dukes  wear, 
with  a  black  lining,  and  a  cock  armed  with  gaffs.  Supporters,  on  on« 
side  the  Genius  of  America,  with  loose  Auburn  tresses,  having  on  her 
head  a  radiant  crown  of  gold,  encircled  with  a  sky-blue  fillet,  spangled 
with  silver  stars,  and  clothed  in  a  long,  loose,  white  garment,  bordered 
with  green.  From  the  right  shoulder  to  the  left  side,  a  blue  scarf  with 
etars,  the  cinctures  being  the  same  as  in  the  border.  Around  her  waist 
a  purple  girdle,  fringed  with  gold,  and  the  word  VIRTUK  embroidered 
in  white.  Her  interior  hand  rested  on  the  escutcheon,  and  the  other  held 
the  American  standard,  on  the  top  of  which  a  white  dove  was  perched. 
The  supporter  on  the  other  side  was  a  man  in  complete  armor ;  his 
eword-belt  blue,  fringed  with  gold  ;  his  helmet  encircled  with  a  wreath 
of  laurel,  and  crested  with  one  white  and  two  blue  plumes  ;  his  left 
hand  supporting  the  escutcheon,  and  his  right  holding  a  lance  with  a 
bloody  point.  Upon  an  unfurled  green  banner  was  a  golden  harp  with 
silver  strings,  a  brilliant  star,  and  two  lily-flowers,  with  two  crossed 
ewords  below.  The  two  figures  stood  upon  a  scroll,  on  which  was  the 
motto  Deo  Favente — "  With  God's  Favor " — in  allusion  to  the  eye  01 
Providence  in  the  arms.  On  the  crest,  in  a  scroll,  was  the  motto  Virtus 
tola  Invicta — "  Virtue  alone  is  Invincible." 

After  vainly  striving  to  perfect  a  seal  which  should  meet  the  approval 
of  Congress,  Thomson  finally  received  from  John  Adams,  then  in  Lon- 
don, an  exceedingly  simple  and  appropriate  device,  suggested  by  Sir 
John  Prestwich,  a  baronet  of  the  West  of  England,  who  was  a  warm 
friend  of  America,  and  an  accomplished  antiquarian.  It  consisted  of 
an  escutcheon  bearing  thirteen  perpendicular  stripes,  white  and  red, 
with  the  chief  blue,  and  spangled  with  thirteen  stars  ;  and,  to  give  iS 
greater  consequence,  he  proposed  to  place  it  on  the  breast  of  an  Ameri- 
can eagle,  displayed,  without  supporters,  as  emblematic  of  self-rehance. 
It  met  with  general  approbation,  in  and  out  of  Congress,  and  was 
adopted  in  June,  1782  :  so  it  is  manifest,  although  the  fact  is  not  exten- 
sively known,  that  we  are  indebted  for  our  national  arms  to  a  titled 
aristocrat  of  the  country  with  which  we  were  then  at  war.  Eschewing  all 
heraldic  technicalities,  it  may  be  thus  described  in  plain  English :  Thirteen 
perpendicular  pieces,  white  and  red ;  a  blue  field ;  the  escutcheon  on 
the  breast  of  the  American  eagle  displayed,  proper,  holding  in  his  right 
talon  an  olive-branch,  and  in  his  left  a  bundle  of  thirteen  irrows,  all 


SEAL   OF   THE    UNITED    STATES. 


553 


proper,  and  in  his  beak  a  scroll,  inscribed  with  the  motto  E  Plurib'ts 
Unum.  Foi  the  crest,  over  the  head  of  the  eagle,  which  appeura  abova 
the  escutcheon,  a  golden  glory  breaking  through  ft  cloud,  proper,  and 
surrounding  thirteen  stars,  forming  a  constellation  of  white  stars  on  a 
blue  field. 

Reverse.  —  A  pyramid 
unfinished.  In  the  zenith, 
an  eye  in  a  triangle,  sur- 
rounded with  a  glory,  pro- 
per. Over  the  eye,  the 
words  AnnuiP  Cccptis — 
"  God  has  favored  the  un- 
dertaking." On  the  base 
rf  the  pyramid,  are  the 
numeral  Roman  letters 
MDCCLXXVI.  ;  and  un- 
death  the  motto,  Novus 
Ordo  Scclorum — ''A  new 
Series  of  Ages" — denot- 
ing that  a  new  order  of 
things  had  commenced  in 
the  Western  hemisphere. 
Thus,  after  many  fruitless 
efforts,  for  nearly  six 
years,  a  very  simple  seal 
was  adopted,  and  jet  remains  the  arms  of  the  United  States. 


SEALS  OF  THE  SEVERAL  STATES, 

ARRANGED  IN  CHRONOLOGICAL  ORDER, 

VIRGINIA.  ON  a  white  or  silver  field  the  Goddess  ol 

Virtue,  the  genius  of  the  commonwealth, 
is  represented,  dressed  like  an  Amazon 
resting  on  a  spear  with  one  hand,  and 
holding  a  sword  in  the  other.  She  is  in 
the  act  of  trampling  on  Tyranny,  repre- 
sented by  a  man  prostrate,  a  crown  fallen 
from  his  head,  a  broken  chain  in  his  lef 
hand,  and  a  scourge  in  his  right.  On 
label  above  the  figure  is  the  word  "  Vir 
ginia  ;"  and  beneath  them  is  the  motto, 
Sic  semper  tyrannis — "Thus  we  serve 
tj  rants." 

SETTLED  BY   Tilt;    ENGLISH,  1607. 

NEW-YORK.  A  shield,  or  escutcheon,  on  which  is  re- 

presented the  rising  sun,  with  a  range  of 
hills  and  water  in  the  foreground.  Above 
the  shield,  for  the  crest,  is  a  wreath  sur- 
mounted by  a  half  globe,  on  which  rests 
a  startled  eagle,  with  wings  outstretched. 
For  the  supporters  of  the  shield,  on  the 
right  is  represented  the  figure  of  Justice, 
with  the  gword  in  one  hand  and  the  scales 
in  the  other ;  and  on  the  left  the  Goddess 
of  Liberty,  with  the  wand  and  cap  in  her 
left  hand,  and  the  olive  branch  of  peace 
in  her  right.  Below  the  shield  is  the 
motto,  Excelsior — "  More  elevated  " —  de- 
noting that  the  course  of  the  State  is  on- 
ward and  higher.  Around  the  border  of  the  seal,  between  two  plain 
lines,  is  the  inscription,  in  Roman  capitals,  "The  Great  Seal  of  the  State 
of  New-York." 

On  the  blue  ground  of  an  irregularly- 
formed  shield  an  Indian  is  represented, 
dressed  with  belted  hunting-shirt  and  moo- 
cassins.  In  his  right  hand  is  a  golden 
bow,  and  in  his  left  an  arrow  with  the 
point  downward.  A  silver  star  on  the 
right  denotes  one  of  the  United  States  o* 
America  A  wreath  forms  the  crest  of 
the  escutcheon,  from  which  extends  a 
right  arm,  clothed  and  ruffed,  the  hand 
grasping  a  broad-sword,  the  pommel  and 
hilt  of  which  are  of  gold.  Around  the 
escutcheon,  on  a  waving  band  or  label, 
are  the  words,  Ensc  petit  placidam  nub 
libertate  quietem — "  By  the  sword  she  st-eki 
peace  under  liberty." 


SSTTLED  BY  THB   DUTCH,  1684. 


MASSACHUSETTS. 


BBTTLKD  BT  TITB  PURITANS,  1620. 


554 


A  circular  field,  surrounded  by  a  laurel  NEW-HAMPSHIKE. 

wreath,   encompassed  by  the  words,   in  .— --~---~>-»^ 

Roman    capitals,    "  Sigillum    Rcipublica  ^*"!?r          e&t. 

Nco  Hantoniensis :"  "The  Seal  of  the 
{State  of  New-Hampshire,"  with  the  date, 
1784,  indicating  the  time  of  the  adoption 
of  the  State  Constitution.  Land  and 
water  are  represented  in  the  foreground, 
with  the  trunk  of  a  tree  on  which  the 
hardy  woodman  is  yet  engaged,  embracing 
a  scene  of  busy  life,  significant  of  the  in- 
dustrious habits  of  the  people  ;  and  a  ship 
on  the  stocks,  just  ready  for  launching, 
with  the  American  banner  displayed,  Is 
figurative  of  readiness  to  embark  on  the 
sea  of  political  existence.  The  sun,  just  emerging  above  the  horizon, 
symbolizes  the  rising  destiny  of  the  State. 

A  white  shield,  or  escutcheon,  bearing  NEW-JKRSKY. 

three  ploughs,  indicating  that  the  chief 
reliance  of  the  people  is  upon  agriculture. 
The  crest  is  a  horse's  head,  supported  by 
a  full-face,  six-barred  helmet,  resting  on  a 
vase — the  latter  resting  on  the  top  of  the 
escutcheon.  The  supporters  are  the  God- 
dess of  Liberty  on  the  right,  with  her 
wand  and  cap,  her  left  arm  resting  on  the 
escutcheon ;  and  Ceres  on  the  left,  her 
right  hand  resting  on  the  escutcheon  and 
her  left  supporting  a  cornucopia,  filled 
with  fruits  and  flowers.  Around  the  bor- 
der of  the  sea  are  the  words,  in  Roman 
capitals,  «'  The  Great  Seal  of  the  State  of 
New  Jersey,"  and  at  the  base  the  date  of  its  adoption,  in  numeral  leh 
tore,  MDCCLXXVI.,  (1776.) 

An  azure  shield,  of  escutcheon,  divided  DELAWARE. 

into  two  equal  parts  by  a  white  band  or 
girdle.  A  cow  is  represented  in  the  lower 
part  of  the  shield,  and  in  the  upper  part 
are  two  symbols,  designed  probably  to 
represent  the  agricultural  productions  of 
the  State — grain  and  tobacco.  The  crest 
(a  wreath)  supports  a  ship  under  full  sail, 
displaying  the  American  banner.  On  a 
white  field  around  the  escutcheon  were 
formerly  wreaths  of  flowers,  branches  of 
the  olive,  and  other  symbols,  but  these 
have  been  displaced  for  two  figures,  repre- 
senting a  mariner  and  a  hunter.  At  th,e 
bottom  of  the  seal,  in  numeral  letters,  is 
the  date  of  its  adaption,  MDCJXCIII. 

(1793),  and  ground  the  border,  in  Roman  capitals,  are  the  words     Great 
Se^l  of  the  State  of  Delaware/'. 

555 


SETTLED  BY  THE    DUTCH,  1624. 


SETTLED  BY  SWEDES  AND  DAXEfl, 
1627. 


iETTLED    BY    THK    IRISH    CATHO- 
LICS, 1635. 


CONNECTICUT. 


MARYLAND.  On  a  white  or  silver  field  the  figure  o» 

Justice  is  seen  prominent  in  the  centre 
of  the  foreground,  grasping  an  olive 
branch,  and  a  sword  in  her  right  hand, 
while  her  left  is  elevating  her  well-bat 
lanced  scales  above  her  head.  At  her  feet 
is  a  laurel  wreath,  the  fasces  and  a  coruu 
copia,  with  an  uninscribed  white  label 
waving  loosely  from  their  midst.  In  th« 
distance,  on  the  right,  is  a  view  of  the 
ocean,  with  a  ship  under  full  sail  in  the 
perspective,  bounded  by  a  clear  horizon. 
On  the  left  are  some  hogsheads  of  tobacco, 
symbolical  of  the  principal  products,  and 
a  ship  with  its  sails  partly  unfurled,  indi- 
cative of  commercial  enterprise. 

The  original  seal  is  of  an  oval  form, 
without  any  ornamental  devices,  and  on 
the  field  are  delineated  three  grape-vines, 
each  winding  around  and  sustained  by  an 
upright  support,  the  whole  representing 
the  three  settlements  (Hartford,  Windsor, 
and  Wethersfield)  which  formed  the  early 
colony.  On  a  label  waving  around  the 
lower  vine  is  the  motto  Qui  Transtulit 
Sustinet — "He  who  planteth  still  sus- 
tains." Around  the  margin  of  the  field 
are  the  words,  "  Si  g  ilium  ReipuUica  Con- 
necticutcnsis :"  "  The  Seal  of  the  State  o! 
Connecticut."  [The  Colonial  seal  'had 
fifteen  grape-vines,  with  a  hand  protruding 
from  the  clouds  on  the  right  above  them,  grasping  the.  label  and  motto, 
which  was  waving  in  the  air ;  but  that  seal  has  been  broken,  and  the 
present  seal  used  in  its  stead.] 

RHODE  ISLAND.  A  white  or  silver  shield,  on  which  is  an 

anchor  with  two  flukes,  and  a  cable  at- 
tached. Above  the  shield,  in  Roman 
capitals,  is  the  word  HOPE,  and  from 
each  upper  corner  of  the  shield  is  sus- 
pended an  unlettered  label.  The  device 
symbolizes  those  principles  of  civil  and 
religious  liberty  which  led  to  the  found 
ing  of  this  colony,  and  in  which  the  faith 
of  the  citizens  of  the  State  is  still  deeply 
anchored.  The  motto,  HOPE,  above  the 
shield,  directs  the  mind  to  the  uncertain 
future,  anticipating  the  growing  pi-osperity 
of  the  State,  and  the  perpetuity  of  its  free 
institutions  ;  while  the  unlettered  label 
Cenotes  that  events  are  still  progressing  in  the  march  of  Time,  and 
await  the  completion  of  History,  before  the  destiny  of  the  State  shall  b« 
recorded  thuroon. 

556 


BETTLKD  BY  THE  PURITANS,  1635. 


*«TTLBD  BY  ROGER  W1LLIAMS.1636. 


In  the  original  seal,  which  differs  some-  NORTH  CARa 

what,  from  the  margin,  on  a  white  or  silver 
field  are  represented  the  Goddess  of  Lib- 
erty on  the  right,  and  Ceres,  the  Goddess 
of  corn  and  of^  harvests,  on  the  left.  In 
the  right  hand  of  the  former  is  a  scroll, 
representing  the  Declaration  of  Independ- 
ence, and  the  left  supports  her  wand,  sur- 
mounted by  the  cap  of  liberty.  Ceres 
has  in  her  right  hand  three  heads  or  ears 
of  wheat,  and  in  her  left  the  cornucopia 
or  horn  of  plenty,  filled  with  the  products 
of  the  earth.  In  the  background  is  a 
marine  view,  indicative  of  the  commercial 
resources  of  the  State.  Around  the  outer 
circle,  starting  from  a  star  on  the  top,  are  the  words,  in  Roman  capitals. 
"  Great  Seal  of  the  State  of  North  Carolina." 


SETTLED  BY  TUB  ENGLISH,  If/50. 


In  the  centre  of  the  white  or  silver  field 
is  the  device  of  a  palmetto-tree  (a  species 
of  the  date),  with  its  topmost  branches  de- 
noting a  vigorous  growth,  emblematical 
of  the  prosperous  progress  of  the  State. 
Near  the  base  of  the  tree  are  two  cross- 
pieces  ;  composed  of  bundles  of  spears, 
at  the  crossing  of  which  is  attached  a 
Bcroll  or  label,  with  the  motto,  Animis 
opibusque  parati — "  Ready  [to  defend  it] 
with  our  lives  and  property,"  which  mot- 
to, by  the  way,  is  more  generally  put 
around  the  lower  half  of  the  outer  circle, 
with  the  words  "  South  Carolina"  occupy- 
ing the  upper  half,  preceded  by  a  single 
Btar. 


SOUTH  CAROLINA. 


SETTLED  KYTHE  HUGUENOTS, 

1670. 


On  a  white  field  is  an  escutcheon  parted  PENNSYLVANIA. 

by  a  yellow  or  golden  band  or  girdle,  on 
which  is  represented  a  plough  in  its  natu- 
ral color.  In  the  upper  part  of  the  shield, 
a  ship  under  full  sail  is  gliding  smoothly 
over  the  waves  of  the  sea,  which  are  sur- 
mounted by  an  azure  sky.  At  the  lower 
part,  on  a  green  ground,  are  three  golden 
sheaves  of  wheat,  denoting  that  agricul- 
ture as  well  as  commerce,  is  one  of  the 
primary  reliances  of  the  State.  On  the 
right  of  the  shield  is  a  stalk  of  maize,  and 
on  the  left  an  olive  branch.  For  the 
crest,  on  a  wreath  of  olive  flowers,  is 
perched  a  bald  eagle,  with  wings  extended, 
holding  in  its  beak  a  label,  with  the  motto,  "Virtue,  Liberty,  and  Inde- 
pendence." Around  the  margin  of  the  seal  are  the  words,  "  Sea]  of  th€ 
State  of  Pennsylvania  " 

557 


SETTLED  BY  WILLIAM  PEST,  1682. 


B3ITLED  BT  THB    ENGLISH,  1733. 


GEORGIA.  In  the  centre  of  a  circular  white  or  sil- 

ver field  are  three  pillars,  supporting  on 
arch,  around  which  are  emblazoned  the 
word  "  Constitution."  The  pillar?  ara 
symbolical  of  the  three  departments  ol 
the  State  government — the  Legislative, 
the  Judiciary,  and  the  Executive  ;  and  on 
the  one  at  the  right,  representing  the  Leg- 
islative, is  the  word  "Wisdom;"  on  the 
second,  representing  the  Judiciary,  is  tl*« 
word  "Justice  ;"  and  on  the  third,  repre.- 
senting  the  Executive,  is  the  word  "  Mod<> 
ration."  Near  the  right  pillar  is  the 
figure  of  an  officer  with  a  drawn  sword, 
denoting  that  the  aid  of  the  military  ia 
always  ready  to  enforce  respect  and  obedience  to  law.  Around  the 
margin  of  the  circle  are  the  words,  "  State  of  Georgia.  1799." 

TERMONT.  A  circular  field,  in  the  middle  of  which 

is  a  tall  evergreen  with  fourteen  branches 
— thirteen  representing  the  original  States, 
and  the  fourteenth  or  topmost  the  State 
of  Vermont,  supported  by  the  others. 
Beneath  a  cloudless  firmament,  the  Green 
Mountains  are  seen  towering  in  the  dis- 
tance, and  in  the  foreground  are  sheaves 
of  wheat  and  a  cow,  indicative  of  an  agri- 
cultural and  grazing  country,  affording 
the  true  sources  of  thrift  and  independ 
ence  for  an  industrious  population.  The 
Green  Mountains  have  ever  been  con- 
sidered characteristic  of  the  hardy  race 
which  inhabits  that  region.  Around  the 
margin  of  the  field,  in  Roman  capitals,  the  word  "  Vermont"  occupies 
the  upper  half-circle,  and  the  words  "  Freedom  and  Unity"  occupy  the 
lower  half. 

KENTUCKY.  Although  the  seal  of  this  State  is  ap- 

parently and  really  among  the  most  sim- 
ple in  its  design,  yet  it  embodies  a  sig- 
nificance which  should  commend  itself  to 
the  serious  consideration  of  all  who  are 
disposed  to  place  a  slight  value  upon  the 
union  of  the  States.  In  the  centre  of  a 
circular  white  or  silver  field,  two  friends 
are  seen  grasping  one  hand  of  each  othei 
in  a  firm  and  cordial  embrace,  while  the 
other  is  extended  to  each  other's  back, 
significant  of  encouragement  and  support. 
Below  them  is  the  expiessive  motto, 
"  United  we  stand  ;  divided  we  fall."  An 
ornamented  double  circle  encompasses  the 

whole,  with   the  words  "  Seal  of  Kentucky"  between  the  lines  pf  fcir* 

upper  half-circle. 

558 


ADMITTED  INTO  THE  UNION,  1791. 


ADMITTED  INTO  THB  UNION,  1792. 


ADMITTED  INTO  THB  CNIOST,  1798. 

The 

OHIO. 


A  white  or  silver  circular  field,  the  up-  TENNESSEE. 

per  half  of  which  is  occupied  on  the  right 
by  a  plough,  in  the  centre  by  a  sheaf  of 
wheat,  and  on  the  left  by  a  stalk  of  cotton. 
Underneath  these  emblems,  extending 
across  the  entire  middle  of  the  field,  is  the 
word  "  Agriculture,"  denoting  that  the 
first  reliance  of  the  State  should  be  upon 
the  productions  of  the  soil.  The  lower 
half  is  occupied  by  a  loaded  barge,  with 
the  word  "  Commerce"  below  the  water, 
indicating  that  the  prosperity  of  all  may 
bo  promoted  through  this  means.  Over 
the  sheaf  of  wheat  are  the  numeral  letters 
XVI.,  denoting  that  this  was  the  sixeeenth 

State  admitted  into  the  Union.     Around  the  border  are  the  words, 
Great  Seal  of  the  State  of  Tennesee,"  with  the  date,  1796. 

In  a  circular  field  are  several  devices, 
significant  of  the  general  surface,  busi- 
ness, and  prospects  of  the  State.  The 
central  portion  represents  a  cultivated 
country,  with  the  emblem  of  agriculture 
(a  wheat-sheaf)  on  the  right,  and  on  the 
left  a  bundle  of  seventeen  arrows,  indica- 
ting the  number  of  States  then  constitu- 
ting the  Union.  In  the  distance  is  a  range 
of  mountains,  the  base  skirted  by  a  tract 
of  woodland.  The  rising  sun,  which  is 
just  becoming  visible  above  the  moun- 
tains, betokens  the  rising  glory  of  the 

State.     The  foreground  is  an  expanse  of    ^mm  IJm)  THB  CNIOH<  1802 
water,  with  a  keel-boat  on  its  surface,  in- 
dicative of  inland  trade.    Below  is  the  motto,  "  Imperium  in  impe- 
rio." 

On  a  white  or  silver  circular  field  is 
represented  a  pelican,  standing  by  her  nest 
filled  with  young  ones,  in  the  attitude  of 
"protection  and  defence,"  and  in  the  act 
of  feeding  them — all  sharing  alike  her 
maternal  assiduity.  The  mother-bird 
symbolizes  the  general  government  of  the 
Union  ;  while  the  birds  in  the  nest  repre- 
sent the  sevf-^al  States.  Above  are  the 
scales  of  Justice,  which,  taken  in  con- 
nection with  the  emblems  beneath,  sig- 
nify that  "  equal  and  exact  justice"  must 
be  extended  to  all  the  members  of  the 
confederacy.  The  semi-circle  of  eighteen 
itars  indicates  the  number  of  States  at 


LOUISIANA. 


ADMITTED  INTO  THE  TTNION,  1812. 


the  time  of  admission.  In  the  upper  portion  of  the  external  circle  are 
the  words,  "  State  of  Louisiana,"  and  in  the  lowe  the  woi'ds,  "  Union 
and  Confidence  " 

559 


INDIANA.  ^   In  the  lower  portion  of  *  circulai  field 

fiff??^^^  ia  represented  a  scene  of  prairie  and  wood- 

i^w  land,  with  the  surface  gently  undulating 

—  descriptive  of  the  predominant  features 
of  the  State.  In  the  foreground  is  a  buf- 
falo, an  animal  once  abounding  in  great 
numbers  in  this  region,  apparently  star- 
tled by  the  axe  of  the  woodman  or  pio- 
neer, who  is  seen  on  the  left,  felling  the 
trees  of  the  forest,  denoting  the  march  of 
civilization  westward.  In  the  distance, 
on  the  right,  is  seen  the  sun,  just  appoar- 
_  __  ing  above  the  verge  of  the  horizon.  Jn  a 

ADMITTED  INTO  IBB  UNION,  1816.     half-circle,  spanning  the  expressive  scene 
beneath,  are  the  words    "  Indiana  State 

beal.       Around  the  outer  margin  of  the  whole  is  a  plain  green  border 
surrounded  by  a  simple  black  line. 

MISSISSIPPI.  In  the  centre  of  a  white  or  silver  cirai- 

lar  field  is  the  American  eagle,  with  wide- 
spread wings,  occupying  the  entire  sur- 
face ;  which  may  be  considered  as  deno- 
ting that  all  the  people  of  the  State,  from 
whatever  clime  or  country  they  may  have 
come,  are  purely  American  in  feeling, 
and  are  content  to  repose  their  trust  under 
the  broad  wings  of  the  "bird  of  liberty." 
In  the  right  talon  of  the  eagle  is  a  bundle 
of  four  arrows,  significant  of  power  to  sus- 
tain the  principles  of  government,  and  to 
repel  the  assaults  of  an  enemy  ;  while  an 

O.U.VC  brlUICh  ™  the  left    ^tokens  &  dispO- 

siuon  to  maintain  peace.  Around  the 
outer  circle,  between  parallel  lines,  are  the  words,  in  Roman  capitals. 
"  The  Great  Seal  of  the  State  of  Mississippi." 

In  the  centre  of  a  white  or  silver  es- 
cutcheon is  a  representation  of  the  Ameri- 
can eagle,  its  wings  spread  so  as  to  touch 
the  inner  margin  of  the  shield.  In  its 
right  talon  is  the  emblem  of  peace,  an 
olive  branch  ;  while  three  arrows  are 
grasped  in  the  left,  denoting  its  readiness 
to  sustain  the  three  great  branches  of 
government.  On  its  breast  is  an  escutch- 
eon, the  lower  half  of  which  is  represented 
of  a  red  color,  and  the  upper  half  blue, 
the  latter  bearing  three  white  or  silver 
stars.  From  its  beak  extends  a  labei, 
waving  in  the  air  above  it,  with  the  in- 
scription "  State  Sovereignty  :  National 
Union."  In  the  u^er  part  of  a  circle  enclosing  the  shield  are  the 
words,  "  Seal  of  the  Hate  of  Illinois,"  and  in  the  lower  part  the  dot* 


ADMITTED  INTO  THE  UNION,  1817. 


ILLINOIS. 


ADMITTED  INTO  THE  UNION.  1818 


*  Aug't  26,  1818." 


SCO 


Nearly  the  entire  of  a  circular  field  ia 
occupied  with  the  representation  of  a  map, 
embracing  the  names  and  localities  of  the 
principal  rivers  and  towns,  as  they  ex- 
isted at  the  time  when  the  territorial  gov- 
ernment was  established,  1817,  A  por- 
tion of  East  Florida,  embracing  the  line 
of  surface  as  far  as  Pensacola,  is  included 
in  the  map,  as  also  a  small  portion  of 
Tennessee,  sufficient  to  show  the  bound- 
aries on  either  side.  Around  the  circle, 
between  two  parallel  lines,  are  the  words, 
in  Roman  capitals,  "  Alabama.  Execu- 
tive  office." 


ALABAMA 


ADMITTED  INTO  THE   UNION,  181& 


ADMITTED  IKTO  THB  UNION,  1820. 


A  white    or  silver  shield,  on  which  is  MAINE. 

represented  a  pine-tree,  with  a  moose-deer 
recumbent  at  its  base — emblematical  of 
the  valuable  timber  of  the  State,  and  of 
the  security  and  repose  enjoyed  by  the 
animate  which  range  its  immense  forests. 
The  "  supporters"  are  a  mariner  resting 
on  his  anchor,  and  a  husbandman  with 
his  scythe — denoting  that  commerce  and 
agriculture  are  each  primary  resources  of 
the  State.  Above  the  shield  is  the  North 
Star,  beneath  which  is  the  motto,  Dirigo 
— "  I  direct ;"  and  under  the  shield  is  the 
name  of  the  State,  in  Roman  capitals ; 
while  sea  and  land  compose  the  fore- 
ground. On  the  left,  the  tall  masts  of  a  ship  are  perceptible  in  the  dis- 
tance, the  sails  spread,  denoting  a  readiness  for  commercial  enterprise 

On  a  circular  shield,  equally  divided  by  MISSOURI. 

a  perpendicular  line,  is  a  red  field  on  the 
right  side,  in  which  is  the  white  or  griz- 
zly bear  of  Missouri.  Above,  separated 
by  a  wavy  or  curved  line,  is  a  white  or 
silver  crescent,  in  an  azure  field.  On  the 
left,  on  a  white  field,  are  the  arms  of  the 
United  States.  A  band  surrounds  the 
escutcheon,  on  which  are  the  words, 
"  United  we  stand,  divided  we  fall." 
For  the  crest,  over  a  yellow  or  golden 
helmet,  full  faced  and  grated  with  six 
bars,  is  a  silver  star ;  and  above  it,  a 
constellation  of  twenty-three  smaller 
*tars.  The  supporters  are  two  grizzly 
bears,  standing  on  a  scroll  inscribed,  Salus  populi  suprcma  lex  csto — "  The 
public  safety  is  the  supreme  law."  Underneath  are  the  numcraLi 
MDCCCXX.,  and  around  the  circle  the  words,  "The  Great  Seal  of  th« 
State  of  Miesoim." 

501 


ADMITTED  INTO  THE  UNION,  1821. 


ARKANSAS. 


Oocupjlrg  the  lower  part  of  u  circle  Is 
a  shield,  near  the  base  of  which  is  a  white 
star  on  a  blue  field,  representing  the  State. 
In  the  middle  portion  is  a  bee-hive,  signi- 
fying industry,  and  a  plough,  denoting 
agriculture  ;  while  a  steamboat,  emblem- 
atic of  commerce,  lills  the  upper  part. 
For  the  crest,  the  goddess  of  liberty  is 
represented  with  her  wand  and  cap  in  one 
hand,  and  a  wreath  ol  laurel  in  the  other, 
surrounded  by  »  constellation  of  stars, 
indicating  the  States.  The  supporters 
two  eagles,  one  grasping  a  bundle  of  ar- 
rows, and  the  other  an  olive  branch  ;  a 

extending    from    the    cla        of  each> 


ADMITTED   WTO  THS  UNION,  1836. 

with  the  motto  Regnant  Populi  —  "  The  People  rule."  On  either  side. 
of  the  base  is  a  cornucopia,  and  around  the  circle  which  encloses  the 
the  whole  are  the  words,  "Seal  of  the  State  of  Arkansas." 

MICHIGAN.  On  an  escutcheon  in  the  centre   of  a 

white  field  is  the  representation  of  a  pen- 
insula extending  into  a  lake,  a  man  with 
his  gun,  and  the  rising  sun.  On  the  up- 
per part  is  the  word  Tudor  —  "  I  will  de- 
fend it  ;"  and  on  a  label  extending  acroba 
the  lower  part  is  the  motto,  Si  quarris 
pcninsuiam  amanam  circumspicc  —  "  If  you 
seek  a  delightful  country  (peninsula),  be- 
hold it."  The  supporters  are  a  common 
deer  on  the  right,  and  a  moose  on  the 
left,  both  aboun<ding  in  the  forests  of 
Michigan.  For  the  crest,  is  the  American 
eagle  ;  above  which,  on  a  label  waving 

ADMITTED    INTO  THE  UNION,  1837.        aboye  ^  ig  the  mott()j  £  pluribus  Unu£ 

Around  the  outer  circle,  between  two  parallel  lines,  are  the  words, 
"  The  Great  Seal  of  the  State  of  Michigan,  A.  D.  MDCCCXXXVIL" 

FLORIDA.  The  seal  which  was  originally  used  for 

the    territory   of  Florida,    although   not 
formally  adopted  as  that  of  the  State,  has 
been  continued  ever  since,  and  of  course 
retains  aH  its  legal  force.     In  the  centre 
of  a  circular  white  or  silver  field  is  repre- 
sented the  American  eagle,  "  the   bird  of 
liberty,"  grasping  the  emblem  of  peace, 
an  olive  branch,  in  its  left  talon  ;  and  in 
its  right  a  bundle  of  three  arrows,  signifi- 
cant of  the  three   principal   reliances  of 
good  government  —  the  executive,  the  le- 
gislative,  and   the  judicial.     Above   are 
arranged  in  a  semi-circle  thirteen   stars. 
emblematic  of  the  thirteen  original  states, 
and  below,  the  ground  is  represented  as  covered  with  the  prickly  pear, 
a  fruit  common  to  the  country,  and  for  which  an  appropriate  motto 
wetild  be,  "  Let  us  live." 
562 


ADMITTED  INTO  THE  UNION,    1845. 


Texas  ;s  the  only  State  which  enjoyed  a  TEXAS. 

literally  independent  or  isolated  existence 

previous  to  its  admission  into  the  Union. 

During  its  struggle  with  Mexico,  it  adopt- 
ed as  an  official  seal  a  white  or  sil  ver  star 

of  five  points  on  an  azure  field,  encircled 

by  branches  of  the  live  oak  and   olive. 

Around  the  outer  circle  were  the  words, 

"  Republic  of  Texas "  in  Roman  capital 

letters.     With  the  exception  of  the  words 

around  the  margin,  which  is  now  blank, 

except  the  word  "  Texas"  in  the  upper 

half-circle,  the  former  seal  has  been  adopt- 
ed einee  by  the  State.    The  live  oak  (quer- 

cus  mrens),  which  abounds  in  the  forests     ADMITTED  ™  THE  UNION,  1845 

of  Texas,  is  a  strong  and  durable  timber,  much  used  in  ship-building, 

and  forming  an  important  article  of  export. 

The  new  seal  of  Iowa  has  in  the  fore-  IOWA. 

ground  a  citizen  upholding  with  one  hand 

the  national  flag  with  the  cap  of  liberty  at 

the  top  of  the  stafif,  while  he  holds  in  the 

other  hand  his  trusty  rifle.     Behind  him, 

and  at  his  right  side,  are  the  implements 

of  agriculture,  the  plough,  the  cradle,  etc. 

In  the  middle  ground  are  a  sheaf  of  wheat, 

with  the  broad  wheatfield  extending  far  to 

the  rear,  and  on  the  left  is  a  pile  of  timber, 

indicative  of  the  forest  wealth  of  the  State, 

and  a  plain  but  commodious  dwelling  show- 
ing the  recency  of  its  settlement.     In  the 

background,    beyond  the  wide  prairie,  a 

large  steamboat  is  plying  upon  the  river. 

The  legend  extending  above   and   around     ADMITTED  INTO  THK  UNION, 
the  whole  is  "  Our  Liberties  we  prize,  and  our  Rights  we  will   main- 
tain." 

A  large  portion  of  the  field  is  occupied  WISCONSIN. 

by  land  and  water  scenery,  denoting'  the 
agricultural,  commercial,  and  mining  in- 
terests of  the  State.  In  the  foreground  is 
a  man  ploughing  with  a  span  of  horses  ; 
in  the  middfe  is  a  pile  of  lead  in  bars,  a 
barrel,  a  rake,  a  sheaf  of  wheat,  an  an- 
chor, and  a  cornucopia.  Lakes  Michigan 
and  Superior  are  represented,  with  a  sloop 
on  the  former,  and  a  steamboat  on  the 
latter,  towards  which  an  Indian  on  the 
shore  is  pointing.  In  the  distance  is  a 
level  prairie,  skirted  by  a  range  of  wood- 
land— a  light-house  and  school-house  on 
the  left,  and  the  State-house  in  the  centre.  ADMITTED  INTO  TUB  UNION,  1847 
In  a  semi-circle  above  are  the  words,  Cimlitas  succc&sit  Barbarum— 
"  Civilization  has  succeeded  Barbarism."  At  the  bottom  is  the  dat* 
when  a  territorial  government  was  formed,  "  Fourth  of  July,  18B6  ;* 
and  around  the  whole  are  the  words  "  The  Great  Seal  of  the  Territory  •* 
Wisconsin  which  has  not  yet  been  changed. 

509 


MINNESOTA. 


CALIFORNIA.  in  the  foreground  on  the  left,  Minerva 

is  seated  on  a  rock,  near  the  bank  of  an 
extensive  bay  or  river,  which  winds  its 
course  among  the  majestic  mountains  on 
either  side.  Her  spear  is  grasped  in  the 
right  hand,  while  the  left  rests  on  the  top 
of  her  shield  by  her  side,  near  which  is  a 
grizzly  bear,  significant  of  the  snwy  re- 
gion round  about.  On  the  right  is  a  hardy 
miner  with  his  pick,  seeking  the  golden 
treasures  secreted  among  the  rocks. 
Along  the  centre  is  seen  a  majestic  bay, 
with  two  clippers  in  full  view,  indi- 
cating that  commerce  is  one  of  the  chief 

ADMITTED  INTO  THE  csiosT,  1850.    reliances  of  the  people     Above  the  snow- 

covered  mountains,  which  bound  the  view,  is  the  Greek  word  Eureka  — 

u  I  have  found." 

The  seal  of  this  State  represents  the 
peculiar  circumstances  under  which  it 
was  originally  settled,  Avhen  the  white 
man  first  undertook  to  convert  its  com- 
parative deserts  into  productive  agricul- 
tural fields.  In  the  distance,  an  Indian  ia 
seen  mounted  on  a  swift  steed,  retreating 
from  the  haunts  where  he  had  long  been 
accustomed  to  enjoy  unmolested  the 
sports  of  the  chase,  and  to  roam  unin- 
terruptedly amidst  his  native  forests.  In 
the  foreground  is  seen  the  new  settler, 
preparing  for  his  future  subsistence  by 

ADMITTED  INTO  THE  UNION,  1857.    turning  up  the   furrow,   preparatory  to 
sowing  seed  for  the  harvest.      His  gun 

and  ammunition  are  lying  behind  him,  ready  to  repel  the  assaults  of 

savage  foes,  to  which  he  is  constantly  exposed.     The  motto,  L'Eioile  du 

Nord,  (the  Star  of  the  North,)  is  expressive  of  the  bright  future  which 

this  State  is  destined  to  realize. 

The  emblems  on  the  shield  in  the  centre 
of  the  circular  ground,  are  indicative  of 
the  advantages  to  be  derived  from  a  wild 
and  mountainous  country,  through  the 
medium  of  commerce,  which  are  symbol- 
ized by  the  range  of  mountains  depicted 
in  the  lower,  and  by  the  ship  occupying 
the  upper  portion  of  the  escutcheon.  The 
right  supporter  is  a  representative  of  that 
unfortunate  race  who  once  entirely  pos 
sessed  the  country,  but  who  have  been 
compelled  to  yield  their  heritage  in  part 
to  the  power  of  that  enterprising  people 
,  1858.  whose  emblem  is  the  eagle,  here  used  as 
the  left  supporter.  The  crest,  a  beaver, 

denotes  the  sort  of  trade  which  formerly  distinguished  the  inhabitant* 

of  titia  region. 

564 


OREGON. 


ADM.TTSD  INTO  THK 


In  th«  background  the  Rocky  Mountains 
with  the  sun  setting  beyond  them  and  a 
single  bright  star  above.  Nearer,  forests 
along  the  banks  of  the  Missouri,  on  which  a 
large  steamer  is  plowing  its  way.  Still 
nearer,  a  vast  plain  on  which  a  party  of  hun- 
ters are  pursuing  the  buifalo.  Toward  the 
foreground  a  log-cabin  and  a  train  of  emi- 
grant wagons,  and  in  the  immediate  fore- 
ground a  farmer  plowing  with  a  two-horse 
team.  The  motto  is  Ad  Astra  per  Aspwa, 
.Through  rough  ways  to  the  Stars. 


Admitted  Into  the  Union  186L 
UTAH. 


Tho  simple  device  adopted  for  this  ter- 
ritory is  sufficiently  expressive,  and  re- 
quires no  lengthened  explanation  of  what 
it  is  intended  to  symbolize.  The  bee- 
hive, in  all  ages,  has  been  regarded  as  the 
emblem  of  industry,  and  the  position  in 
which  it  is  here  represented,  as  resting  on 
a  substantial  foundation,  implies  that  it 
is  the  certain  harbinger  of  success  in  every 
important  undertaking.  The  representa- 
tions of  vegetation  in  the  background, 
imply  that  these  productions  of  the  soil 
are  to  be  obtained  by  well-applied  skill 
and  industry,  and  upon  these  are  the  peo- 
ple to  rely  for  a  prosperous  future.  Perhaps,  if  we  take  into  consider 
%don  the  social  condition  of  the  original  settlers  of  this  territory,  th« 
iee-hive  may  be  regarded  as  significant  of  the  unity  of  interests  at  that 
time  predominant.  The  dates  at  the  top  and  bottom  indicate  the  first 
formation  of  a  territorial  government. 

This  seal  displays  the  characteristics  NEBRASKA 

of  the  settlers  who  have  adopted  this  ter- 
ritory as  their  future  home.  Representa- 
tives of  the  two  principal  classes  of  people 
(agricultural  and  mechanical)  are  seen 
in  the  act  of  upholding  the  Constitution, 
over  which  the  American  flag  is  gathered, 
in  token  of  its  care  and  protection.  The 
steamboat,  seen  in  the  distance  on  the 
right,  indicates  that  the  State  possesses 
many  resources  for  extensive  commerce, 
which  may  be  materially  aided  by  rail- 
roads and  other  internal  improvements, 
which  are  shadowed  out  on  the  left  The 
plow  and  the  anvil  ire  emblems  of  the  immense  agricultural  ana 
mineral  advantages  which  abound  in  every  direction,  and  whose  devel- 
opement  is  certain  to  secure  for  this  territory  an  eminent  degree  ol 
wealth  and  prosperity.  The  motto,  "Popular  Sovereignty/'  expresses 
the  will  of  thb  people  to  govern  themselves,  and  is  only  the  embodiment 
of  a  sentiment  almost  universally  prevalent 

565 


The  seal  of  West  Virginia  has  in  tlio  WEST  VIRGINIA. 

foreground  two  muskets  crossed,  with  Admitted  to  the  Union  June  20,  sea. 
the  cap  of  liberty  lying  upon  them  at 
the  point  of  crossing.  In  the  centre  is 
a  shield  bearing  the  inscription  June  20, 
1863  (the  date  of  the  admission  of  the 
State).  The  shield  is  supported  on  the 
right,  by  a  miner  with  his  pick  on  his 
shoulder  indicative  of  the  mineral  wealth 
of  the  State,  and  on  the  left  by  an  agri- 
culturist, who  is  a  woodsman  as  well ; 
he  has  his  axe  resting  on  one  arm,  while 
the  other  hand  grasps  the  plow.  A  stalk 
of  maize,  and  a  grape-vine,  indicate  the 
staple  productions  of  the  State,  and  on 
the  right  a  blacksmith's  anvil  and  hammer,  and  some  hogsheads 
and  bales,  show  its  devotion  to  the  mechanic  arts  and  to  commerce. 
A  circlet  surrounding  the  seal  bears  the  legend,  "  STATE  OF  WEST 
VIRGINIA,"  and  between  two  stars  is  the  motto,  Montani  semper 
libcri,  Mountaineers  are  always  freemen. 


NEW   MEXICO. 


A  circle  set  in  a  square  block.  In  the 
circlet  a  mythological  salamander  sur- 
rounded with  rays  and  flames  ;  to  which 
the  eagle,  with  the  arrows  or  darts  in 
his  claw,  is  offering  a  serpent  which  he 
holds  firmly  in  his  beak.  Below  on  a 
ribbon  the  number  MDCCCL. 


Above  the  shield  the  Masonic  symbol 
of  the  eye  in  a  triangle  surrounded  by 
rays.  Below  this,  and  couchant,  the  lie- 
tor's  axe,  the  handle  surrounded  by  fas- 
ces or  rods  bound  around  it, — an  old 
Roman  symbol.  On  the  upper  part  of 
this  shield  mountains  are  represented ; 
below,  and  on  a  dotted  ground,  the  pick- 
axe and  mallet  crossed.  The  motto  on 
a  ribbon  surrounding  the  lower  portion 
of  the  shield  is  Nil  SineNumine,  "Noth 
leg  without  Divine  aid." 

566 


NATIONAL  SECURITIES.  567 

National  Securities. 

1.  The  "  Seven-thirties"  represent  a  Currency  Loan  haying  thiee 
years  to  run,  and  then  convertible  into  a  gold  interest  6  per  cent, 
stock  having  twenty  years  to  run,  but  with  the  right  reserved  to 
the  .government  of  paying  off  the  loan,  in  gold,  at  any  time  after 
five  years.     The  term  "  Seven-thirties"  is  derived  from  the  rate  of 
interest  which  these  three-years  convertible  notes  bear,  to  wit : 
two  cents  per  day  on  each  $100,  or  for  365  days,  seven  dollars 
and  thirty  cents  on  each  $100. 

2.  The  term  "Five-twenties"  is  applied  to  the  6  per  cent,  gold 
bearing  bonds  of  the  United  States,  to  which  twenty  years  half- 
yearly  coupons  are  attached,  but  which  may  be  paid  off,  in  gold, 
by  the  government,  on  due  notice  to  the  holders,  at  any  time 
after  five  years. 

3.  The  term  "  Ten-forties"  is  applied  to  the  5  per  cent,  gold- 
bearing  bonds  of  the  United  States,  to  which  half-yearly  cou- 
pons are  attached  for  forty  years,  but  which  may  be  paid  off  in 
gold  on  notice  to  the  holders,  at  any  time  after  ten  years. 

4.  The  long  or  unconditional  6  per  cent,  gold-bearing  loan, 
known  as  the  6  per  cent,  of  1881,  can  not  be  redeemed  by  the 
government  at  all,  except  by  purchase. 


Quick  Method  of  Calculating  Interest  for  Days. 
Multiply  the  principal  by  the  number  of  days  and  divide  the 
product  (if  for  5  per  cent.)  by  7200 ;  (if  for  6  per  cent.)  by  COOO ; 
(if  for  7  per  cent.)  by  5143 ;  (if  for  8  per  cent.)  by  4500 ;  (if  for 
D  per  cent.)  by  4000 ;  (if  for  10  per  cent.)  by  3600. 
Example.— What  is  the  interest  on  $120  for  20  days  at  10  per  cent  ? 

120-00  dollars, 
Multiplied  by  20  days. 

Divided  by  3600)2400-00(66-6  cents  interest. 


568  RECONSTRUCTION. 


RECONSTRUCTION. 

The  only  laws  and  measures  bearing  on  this  subject,  which  are 
appropriate  for  this  work,  or  necessary  to  a  clear  understanding  of 
the  existing  condition  of  affairs  are  the  following  : 

I.— THE  ORIGINAL  RECONSTRUCTION  ACT  OF  MARCH  2d,  1867. 
Being  chapter  CLIIL  of  the  Acts  of  the  XXXIX.  Congressj  entitled  : 
An  Act  to  provide  efficient  government  for  the  insurrectionary  States. 

Whereas,  No  legal  State  governments  or  adequate  protection  for 
life  or  property  now  exist  in  the  Rebel  States  of  Virginia,  North 
Carolina.  South  Carolina,  Georgia,  Alabama,  Mississippi,  Louisiana, 
Florida,  Texas,  and  Arkansas ;  and  whereas,  it  is  necessary  that 
peace  and  good  order  should  be  enforced  in  said  States  until  loyal 
and  republican  State  governments  can  be  legally  established ;  there- 
fore 

Be  it  enacted,  &c.,  That  said  Rebel  States  shall  be  divided  into 
military  districts  and  made  subject  to  the  military  authority  of  the 
United  States,  as  hereinafter  mentioned ;  and  for  that  purp  ose  Vir- 
ginia shall  constitute  the  Fir^st  District,  JN'orth  Carolina  and  South 
Carolina  the  Second  District,  Georgia,  Alabama,  and  Florida  the 
Third  District,  Mississippi  and  Arkansas  the  Fourth  District,  and 
Louisiana  and  Texas  the  Fifth  District. 

SEC.  2.  That  it  shall  be  the  duty  of  the  President  to  assign  to  the 
command  of  each  of  said  districts  an  officer  of  the  army  not  below 
the  rank  of  Brigadier-General,  and  to  detail  a  sufficient  military 
force  to  enable  such  officer  to -perform  his  duties  and  enforce  his  au- 
thority within  the  district  to  which  he  is  assigned. 

SEC.  8.  That  it  shall  be  the  duty  of  each  officer  assigned  as 
aforesaid  to  protect  all  persons  in  their  rights  of  person  and  proper- 
ty, to  suppress  insurrection,  disorder,  and  violence,  and  to  punish 
or  cause  to  be  punished  all  disturbers  of  the  public  peace  and  crim- 
inals ;  and  to  this  end  he  may  allow  local  civil  tribunals  to  take  ju- 
risdiction of  and  try  offenders, 'or,  when  in  his  judgment  it  may  be 
necessary  for  the  trial  of  offenders,  he  shall  have  power  to  organize 
military  committees  or  tribunals  for  that  purpose ;  and  all  interfer- 
ence under  color  of  State  authority  with  the  exercise  of  military 
authority  under  this  act  shall  be  null  and  void. 

SEC.  4.  That  all  persons  put  under  military  arrest  by  virtue  of 
this  act  shall  be  tried  without  unnecessary  delay,  and  no  cruel  or 
unusual  punishment  shall  be  inflicted,  and  no  sentence  of  any  mili- 
tary commission  or  tribunal  hereby  authorized  affecting  the  life  or 
liberty  of  any  person  shall  be  executed  until  it  is  approved  by  the 


RECONSTRUCTION.  669 

ofllcer  5 n, command  of  the  district ;  and  the  laws  and  regulations  of 
the  government  of  the  army  shall  not  be  affected  by  this  act,  ex- 
cept in  BO  far  as  they  may  conflict  with  its  provisions.  Provided, 
That  no  sentence  of  death  under  this  act  shall  be  carried  into  exe- 
cution without  the  approval  of  the  President. 

SEC.  5.  When  the  people  of  any  one  of  said  Rebel  States  shall 
have  formed  a  constitution  and  government  in  conformity  with  the 
Constitution  of  the  United  States  in  all  respects,  framed  by  a  con- 
vention of  delegates  elected  by  the  male  citizens  of  said  State,  21 
years  old  and  upward,  of  whatever  race,  color,  or  previous  condi- 
tion, who  have  been  resident  in  said  State  for  one  year  previous  to 
the  day  of  such  election,  except  such  as  may  be  disfranchised  for 
participation  in  the  Rebellion  or  for  felony  at  common  law,  and 
when  such  constitution  shall  provide  that  the  elective  franchise 
shall  be  enjoyed  by  all  such  persons  as  have  the  qualifications  hero- 
in stated  for  electors  of  delegates,  and  when  such  constitution  shall 
be  ratified  by  a  majority  of  the  persons  voting  on  the  question  of 
ratification  who  are  qualified  as  electors  ff3r  delegates,  and  when 
such  constitution  shalMiave  been  submitted  to  Congress  for  exami- 
nation arid  approval,  and  Congress  shall  have  approved  the  same, 
and  when  said  State  by  a  vote  of  its  Legislature  elected  under  said 
constitution  shall  have  adopted  the  amendment  to  the  Constitution 
of  the  United  States  proposed  by  the  XXXIXth  Congress,  and  known 
as  Article  14,  and  when  said  article  shall  have  become  part  of  the 
Constitution  of  the  United  States,  said  State  shall  be  declared  en- 
titled to  representation  in  Congress,  and  Senators  and  Representa- 
tives shall  be  admitted  therefrom  on  their  taking  the  oath  pre- 
scribed by  law,  and  then  and  thereafter  the  preceding  sections 
of  this  act  shall  be  inoperative  in  said  State.  Provided,  That  no 
person  excluded  from  the  privilege  of  holding  office  by  said  propos- 
ed amendment  to  the  Constitution  of  the  United  States  shall  be  el- 
igible to  election  as  a  member  of  the  convention  to  frame  a  consti- 
tution for  any  of  said  Rebel  States  nor  shall  any  such  person  vote 
for  members  of  such  convention. 

SEC.  6.  Until  the  people  of  said  Rebel  States 'shall  by  law  be 
admitted  to  representation  to  the  Congress  of  the  United  States,  all 
civil  governments  that  may  exist  therein  shall  be  deemed  provis- 
ional only,  and  shall  be  in  all  respects  subject  to  the  paramount  au- 
thority of  the  United  States,  at  any  time  to  abolish,  modify,  control, 
and  supersede  the  same,  and  in  ail  elections  to  any  office  under  such 
provisional  governments  all  persons  shall  be  entitled  to  vote  under 
the  provisions  of  the  fifth  section  of  this  act.  And  no  person  shall 
be  eligible  to  any  office  under  such  provisional  governments  who 
would  bo  disqualified  from  holding  office  under  the  provisions  of 
the  third  article  of  said  Constitutional  Amendment.  [This  bill  was 
passed  over  the  President's  veto,  on  March  2,  1867.] 


670  BECONSTKTTCTION. 

II. — THE  IST  SUPPLEMENTAL  RECONSTRUCTION  ACT, 
Passed  March  23,  1867,  by  the  XL.  Congress. 

The  following  are  the  main  provisions  of  this  act : 

Before  Sept.  1,  1867,  the  commanding  general  in  each  district,  de- 
fined by  an  act  entitled  "  An  act  to  provide  for  the  more  efficient 
government  of  the  Rebel  States,"  passed  March  2, 1867,  shall  cause 
a  registration  to  be  made  of  the  male  citizens  of  the  United  States, 
21  years  of  age  and  upwards,  resident  in  each  county  or  parish  in 
the  State  or  States  included  in  his  district,  which  registration  shall 
include  only  those  persons  who  are  qualified  to  vote  for  delegates 
by  the  act  aforesaid,  and  who'shall  have  taken  and  subscribed  the 

following  oath  or  affirmation  :     "  I ,  do  solemnly  swear  (or 

affirm),  in  the  presence  of  Almighty  God,  that  I  am  a  citizen  of  the 

State  of ;  that  I  have  resided  in  said  State  for months 

next  preceding  this  day,  and  now  reside  in  the  county  of or 

the  parish  of ,  in  said  State  (as  the  case  may  be) ;  that  I   am 

twenty-one  years  old  ;  that  1  have  not  been  disfranchised  for  parti- 
cipation in  any  rebellion  or  civil  war  against  the  United  States,  nor 
for  felony  committed  against  the  laws  of  any  State  or  of  the  United 
States  ;  that  I  have  never  been  a  member  of  any  State  Legislature 
nor  held  any\executive  or  judicial  office  in  any  State  and  afterward", 
engaged  in  insurrection  or  rebellion  against  the  United  States,  or 
given  aid  or  comfort  to  the  enemies  thereof ;  that  I  have  never 
taken  an  oath  as  a  member  of  Congress  of  the  United  States,  or  as 
a  member  of  any  State  legislature,  or  as  an  executive  or  judicial  of 
ficer  of  any  State,  to  support  the  Constitution  of  the  United  States, 
and  afterwards  engaged  in  insurrection  or  rebellion  against  the 
United  States,  or  given  aid  or  comfort  to  the  enemies  thereof; 
that  I  will  faithfully  support  the  Constitution  and  obey  the  laws 
of  the  United  States,  and  will,  to  the  best  of  my  ability,  encourage 
others  to  do  so,  so  help  me  God  ;"  which  oath  or  affirmation  may 
be  administered  by  any  registering  officer. 

SEC.  2.  After  the  completion  of  the  registration  hereby  provided 
for  in  any  State,  at  such  time  and  places  therein  as  the  command- 
ing general  shall  appoint  and  direct,  of  which  at  least  thirty  days' 
public  notice  shall  be  given,  an  election  shall  be  held  of  delegates 
to  a  convention  for  the  purpose  of  establishing  a  constitution  and 
civil  government  for  such  State  loyal  to  tue  Union,  said  convention 
in  each  State,  except  Virginia,  to  consist  of  the  same  number  of 
members  as  the  most  numerous  branch  of  the  State  legislature  of 
such  State  in  the  year  1860,  to  be  apportioned  among  the  several 
districts,  counties,  or  parishes  of  such  State  by  the  commanding 
general,  giving  to  each  representation  in  the  ratio  of  voters  regis- 
tered as  aforesaid,  as  nearly  as  may  be.  The  convention  in  Virginia 
shall  consist  of  the  same  number  of  members  as  represented  the 
territory  now  constituting  Virginia  in  the  most  numerous  branch 


RECONSTRUCTION.  571 

of  the  legislators  of  said  State  in  the  year  18GO,  to  be  apportioned 
as  aforesaid. 

SEC.  3.  At  said  election  the  registered  voters  of  each  State  shall 
vote  for  or  against  a  convention  to  form  a  constitution  therefor 
under  this  act.  The  person  appointed  to  superintend  said  election, 
and  to  make  return  of  the  votes  given  thereat,  as  herein  provided, 
shall  count  and  make  return  of  the  votes  given  for  and  against  a 
convention  ;  and  the  commanding  general  to  whom  the  same  shall 
have  been  returned,  shall  ascertain  and  declare  the  total  vote  in 
each  State  for  and  against  a  convention.  If  a  majority  of  the  votes 
given  on  that  question  shall  be  for  a  convention,  then  such  conven- 
tion shall  be  held  as  hereinafter  provided  ;  but  if  a  majority  of  said 
votes  shall  be  against  a  convention,  then  no  such  convention  shall 
be  held  under  this  act :  Provided,  that  such  convention  shall  not  be 
held  unless  a  majority  of  all  such  registered  voters  shall  have  voted 
on  the  question  of  holding  such  convention. 

SEC.  4.  The  commanding  general  of  each  district  shall  apnpint  as 
many  boards  of  registration  as  may  be  necessary,  consisting  of  three 
loyal  oilicers  or  persons,  to  make  and  complete  the  registration, 
superintend  the  election,  and  make  return  to  him  of  the  Votes,  lists 
of  voters,  and  of  the  persons  elected  as  delegates  by  a  plurality  of 
the  votes  cast  at  said  election  ;  and  upon  receiving  said  returns  he 
shall  open  the  same,  ascertain  the  persons  elected  as  delegates 
according  to  the  returns  of  the  officers  who  conducted  said  election, 
and  make  proclamation  thereof;  and  if  a  majority  of  the  votes 
given  on  that  question  shall  be  for  a  convention,  the  commanding 
general,  within  sixty  days  from  the  date  of  election,  shall  notify  the 
delegates  to  assemble  in  convention,  at  a  time  and  place  to  be  men- 
tioned in  the  notification,  and  said  convention,  when  organized, 
shall  proceed  to  frame  a  constitution  and  civil  government  accord- 
ing to  the  provisions  of  this  act  and  the  act  to  which  it  is  supple- 
mentary ;  and  when  the  same  shall  have  been  so  framed,  said  consti- 
tution shall  be  submitted  by  the  convention  for  ratification  to  the 
persons  registered  under  the  provisions  of  this  act,  at  an  election 
to  be  conducted  by  the  officers  or  persons  appointed  or  to  be  ap- 
pointed by  the  commanding  general,  as  hereinbefore  provided,  and 
and  to  be  held  after  the  expiration  of  thirty  days  from  the  date  of 
notice  thereof,  to  be  given  by  said  convention  ;  and  the  returns 
frthereof  shall  be  made  to  the  commanding  general  of  the  district. 

SEC.  5.  That  if,  according  to  said  returns,  the  constitution  shall 
be  ratified  by  a  majority  of  the  votes  of  the  registered  electors 
qualified  as  herein  specified,  cast  at  said  election  (at  least  one-half 
of  all  the  registered  voters  voting  upon  the  question  of  such  ratifi- 
cation), the  president  of  the  convention  shall  transmit  a  copy  of  the 
same,  duly  certified,  to  the  President  of  the  United  States,  who 
shall  forthwith  transmit  the  same  to  Congress,  if  then  in  session, 
and  if  not  in  session,  then  immediately  upon  its  next  assembling  ; 
and  if  it  shall,  moreover,  appear  to  Congress  that  the  election  was 
one  at  which  all  the  registered  and  qualified  electors  in  the  State 


572  RECONSTRUCTION. 

had  an  opportunity  to  vote  freely  and  without  restraint,  fear,  or  the 
influence  of  fraud,  and  if  the  Congress  shall  be  satisfied  that  such 
constitution  meets  the  approval  of  a  majority  of  all  the  qualified 
electors  in  the  State,  and  if  the  said  constitution  shall  be  declared 
by  Congress  to  be  in  conformity  with  the  provisions  of  the  act  to 
which  this  is  supplementary,  and  the  other  provisions  of  said  act 
shall  have  been  complied  with,  and  the  said  constitution  shall  be 
approved  by  Congress,  the  State  shall  be  declared  entitled  to  repre- 
sentation, and  senators  and  representatives  shall  be  admitted  there- 
from as  therein  provided. 

SEC.  6.  All  elections  in  the  States  mentioned  in  the  said  "  Act  to 
provide  for  the  more  efficient  government  of  the  rebel  States,"  shall, 
during  the  operation  of  said  act,  be  by  ballot ;  and  all  officers  mak- 
ing the  said  registration  of  voters  and  conducting  said  elections, 
shall,  before  entering  upon  the  discharge  of  their  duties,  take  and 
subscribe  the  oath  prescribed  by  the  act  approved  July  2,  1862, 
entitled  "  An  act  to  prescribe  an  oath  of  office  :"  Provided,  That  if 
any  ]fcrson  shall  knowingly  and  falsely  take  and  subscribe  any  oath 
in  this  act  prescribed,  such  person  so  offending  and  being  thereof 
duly  convicted,  shall  be  subject  to  the  pains,  penalties,  and  disabili- 
ties which  by  law  are  provided  for  tho  punishment  of  the  crime  of 
willful  and  corrupt  perjury. 


HI. — THE    SECOND   SUPPLEMENTARY  RECONSTRUCTION   ACT  OY 

JULY  19, 1867. 
This  act  is  as  follows  : 

SEC.  1.  That  it  is  hereby  declared  to  have  been  the  true  intent 
and  meaning  of  the  act  of  the  second  day  of  March,  one  thousand 
eight  hundred  and  sixty-seven,  entitled,  "An  act  to  provide  for 
the  more  efficient  government  of  the  rebel  States,"  and  of  the  act 
supplementary  thereto,  passed  on  the  twenty-third  day  of  March, 
in  the  year  one  thousand  eight  hundred  and  sixty-seven,  that  the 
governments  then  existing  in  the  rebel  States  of  Virginia,  North 
Carolina,  South  Carolina,  Georgia,  Mississippi,  Alabama,  Louisiana, 
Florida,  Texas  and  Arkansas,  were  not  legal  State  governments ; 
and  that  thereafter  said  governments,  if  continued,  were  to  be  con- 
tinued subject  in  all  respects  to  the  military  commanders  of  the  re- 
spective districts,  and  to  the  paramount  authority  of  Congress. 

SMC.  2.  That  the  commander  of  any  district  named  in  said  act 
shall  have  power,  subject  to  the  disapproval  of  the  General  of  the 
Army  of  the  United  States,  and  to  have  effect,  till  disapproved, 
whenever  in  the  opinion  of  such  commander  the  proper  adminis- 
tration of  said  act  shall  require  it,  to  suspend  or  remove  from  office, 
or  from  the  performance  of  official  duties  and  the  exercise  of  official 
powers,  any  officer  or  person  holding  or  exercising,  or  professing  to 
hold  or  exercise,  any  civil  or  military  oflico  or  duty  in  such  district 


RECONSTRUCTION.  573 

under  any  power,  election,  appointment,  or  authority  derived  from, 
or  granted  by,  or  claimed  under,  any  so-called  State  or  the  govern- 
ment thereof,  or  any  municipal  or  other  division  thereof;  and 
upon  such  suspension  or  removal  such  commander,  subject  to  the 
approval  of  the  General  as  aforesaid,  shall  have  power  to  provide 
from  time  to  time  for  the  performance  of  the  said  duties  of  such  of- 
ficer or  person  so  suspended  or  removed,  by  the  detail  of  some  com- 
petent officer  or  soldier  of  the  army,  or  by  the  appointment  of  some 
other  person,  to  perform  the  'same,  and  to  fill  vacancies  occasioned 
by  death,  resignation,  or  otherwise. 

SEC.  3.  That  the  General  of  the  Army  of  the  United  States  shall 
be  invested  with  all  the  powers  of  suspension,  removal,  appoint- 
ment, and  detaching  granted  in  the  preceding  section  to  district 
commanders. 

SEC.  4.  That  the  acts  of  the  officers  of  the  army  already  done  in 
removing  in  said  districts  persons  exercising  the  functions  of  civil 
officers,  and  appointing  others  in  their  stead,  are  hereby  confirmed: 
Provided,  That  any  person  heretofore  or  hereafter  appointed  by  any 
district  commander  to  exercise  tho  functions  of  any  civil  office  may 
be  removed  either  by  the  military  officer  in  command  of  the  district, 
or  by  the  General  of  the  Army.  And  it  shall  be  the  duty  of  such 
commander  to  remove  from  office,  as  aforesaid,  all  persons  who  are 
disloyal  to  the  governmojit  of  the  United  States,  or  who  use  their 
official  influence  in  any  manner  to  hinder,  delay,  prevent,  or  obstruct 
the  due  and  proper  administration  of  this  act  and  the  acts  to  which 
it  is  supplementary. 

SEC.  5.  That  the  boards  of  registration  provided  for  in  the  act 
entitled  "An  act  supplementary  to  an  act  entitled  '  An  act  to  pro- 
vide for  the  more  efficient  government  of  the  rebel  States,'  passed 
March  two,  eighteen  hundred  and  sixty-seven,  and  to  facilitate  res- 
toration," passed  March  twenty-three,  eighteen  hundred  and  sixty- 
seven,  shall  have  power,  and  it  shall  be  their  duty  before  allowing 
the  registration  of  any  person,  to  ascertain,  upon  such  facts  or  in- 
formation as  they  can  obtain,  whether  such  person  is  entitled  to  bo 
registered  under  said  act,  and  the  oath  required  by  said  act  shall 
not  be  conclusive  on  such  question,  and  no  person  shall  be  regis- 
tered unless  such  board  shall  decide  that  he  is  entitled  thereto  ;  and 
such  board  shall  also  have  power  to  examine,  under  oath,  (to  be  ad- 
ministered by  any  member  of  such  board,)  any  one  touching  tho 
qualification  of  any  person  claiming  registration  ;  but  in  every 
case  of  refusal  by  the  board  to  register  an  applicant,  and  in  every 
case  of  striking  his  name  from  the  list  as  hereinafter  provided,  the" 
board  shall  make  a  note  or  memorandum,  which  shall  be  returned 
with  the  registration  list  to-  the  commanding  general  of  the  district, 
Betting  forth  the  grounds  of  such  refusal  or  such  striking  from  the 
list :  Provided,  That  no  person  shall  be  disqualified  as  a  member  of 
any  board  of  registration  by  reason  of  race  or  color. 

SEC.  6.  That  the  true  intent  and  meaning  of  the  oath  prescribed 
in  said  supplementary  act  is,  (among  other  things,)  that  no  person 


574  RECONSTRUCTION. 

who  has  been  a  member  of  the  legislature  of  any  State,  or  who  has 
held  any  executive  or  judicial  office  in  any  State,  whether  he  has 
taken  an  oath  to  support  the  Constitution  of  the  United  States  or 
not,  and  whether  he  was  holding  such  office  at  the  commencement 
of  the  rebellion,  or  had  held  it  before  and  who  has  afterwards  en- 
gaged in  insurrection  or  rebellion  against  the  United  States,  or 
given  aid  or  comfort  to  the  enemies  thereof,  is  entitled  to  be  regis- 
tered or  to  vote  ;  and  the  words  "  executive  or  judicial  office  in 
any  State"  in  said  oath  mentioned  shall  be  construed  to  include  all 
civil  offices  created  by  lato  for  the  administration  of  any  general  law 
of  a  State,  or  for  the  administration  of  j  ustice. 

SEC.  7.  That  the  time  for  completing  the  original  registration 
provided  for  in  said  act  may,  in  the  discretion  of  the  commander  of 
any  district,  be  extended  to  the  first  day  of  October,  eighteen  hun- 
dred and  sixty-seven  ;  and  the  boards  of  registration  shall  have  pow- 
er, and  it  shall  be  their  duty,  commencing  fourteen  days  prior  to 
any  election  under  said  act,  and  upon  reasonable  public  notice  of 
the  time  and  place  thereof,  to  revise,  for  a  period  of  five  days,  the 
registration  lists,and  upon  being  satisfied  that  any  person  not  entitled 
thereto  has  been  registered,  to  strike  the  name  of  such  person 
from  the  list,  and  such  person  shall  not  be  allowed  to  vote.  And 
such  board  shall  also,  during  the  same  period,  add  to  each  registry 
the  names  of  all  persons  who  at  that  time* possess  qualifica- 
tions required  by  said  act  who  have  not  been  already  registered  : 
and  no  person  shall,  at  any  time,  be  entitled  to  be  registered  or  to 
vote  by  reason  of  any  executive  pardon  or  amnesty  for  any  act  or 
thing  which,  without  such  pardon  or  amnesty,  would  disqualify  him 
from  registration  or  voting. 

SEC.  8.  That  all  members  of  said  boards  of  registration,  and  all 
persons  hereafter  elected  or  appointed  to  office  in  said  military  dis- 
tricts, under  any  so-called  State  or  municipal  authority,  or  by  detail 
or  appointment  of  the  district  commander,  shall  be  required  to  take 
and  subscribe  to  the  oath  of  office  prescribed  by  law  for  the  officers 
of  the  United  States. 

SEC.  9.  That  no  district  commander  or  member  of  the  board  of 
registration,  or  any  officer  or  appointee  acting  under  them,  shall  be 
bound  in  his  action  by  any  opinion  of  any  civil  officer  of  the  United 
States. 

SEC.  10.  That  section  four  of  said  last  named  act  shall  be  construed 
to  authorize  the  commanding  general  named  therein,  whenever  he 
shall  deem  it  needful,  to  remove  any  member  of  a  board  of  regis- 
tration and  to  appoint  another  in  his  stead,  and  to  fill  any  vacancy 
in  such  board. 

SEC.  11.  That  all  the  provisions  of  this  act  and  of  the  acts  to 
which  this  is  supplementary,  shall  be  construed  liberally  to  the  end 
that  all  the  intents  thereof  may  be  fully  and  perfectly  carried  out. 


BECONSTKUCTION.  575 


IV. — THE  RECEPTION  OF  THE  INSUBRECTIONABY  STATES  IN 

ACCORDANCE   WITH   THESE   ACTS. 

The  State  of  Tennessee  had  been  restored  to  the  Union  by  the 
Thirty-ninth  Congress. 

Arkansas  was  restored  in  June,  1868,  and  North  Carolina,  South 
Carolina,  Alabama,  Louisiana,  Georgia  and  Florida,  by  the  follow- 
ing act,  which  was  passed  June  25,  1868  : 

An  Act  to  admit  the  States  of  North  Carolina,  Soutfi  Carolina' 
Louisiana,  Georgia,  Alabama  and  Florida  to  representation  in  Con- 
gress. Whereas  the  people  of  North  Carolina,  South  Carolina, 
Louisiana,  Georgia,  Alabama  and  Florida  have,  in  pursuance  of  the 
provisions  of  an  act  entitled  "  An  act  for  the  more  efficient  govern- 
ment of  the  Rebel  States,"  passed  March  2, 1867,  and  the  acts  sup- 
plemental thereto,  framed  constitutions  of  a  State  government, 
which  are  Republican,  and  have  adopted  said  constitutions  by  large 
majorities  of  the  votes  cast  at  the  elections  held  for  the  ratification 
or  repealing  of  the  same. 

Therefore,  be  it  enacted,  that  each  of  the  States  of  North  Caroli* 
na,  South  Carolina,  Louisiana,  Georgia,  Alabama,  and  Florida  shall 
be  entitled  and  admitted  to  representation  in  Congress  as  a  State  of 
the  Union,  when  the  Legislature  of  such  States  shall  have  duly  rati- 
fied the  amendment  to  the  Constitution  of  the  United  States,  pro- 
posed by  the  XXXIX  Congress,  and  known  as  Article  14,  upon  the 
following  fundamental  conditions : 

SEC.  1.  That  the  constitution  of  neither  of  said  States  shall 
ever  be  so  amended  or  changed  as  to  deprive  any  citizen  or  class  of 
citizens  of  the  United  States  of  the  right  to  vote  in  said  State 
who  are  entitled  to  vote  by  the  constitution  thereof  herein  recog- 
nized, except  as  a  punishment  of  such  crimes  as  are  now  felonies 
at  common  law,  where  they  shall  have  been  duly  convicted  under 
laws  equally  applicable  to  all  the  inhabitants  of  said  State;  provi- 
ded, that  any  alteration  of  said  constitutions,  prospective  in  its  ef- 
fect, may  be  made  with  regard  to  the  time  and  place  of  residence 
of  voters ;  and  the  State  of  Georgia  shall  only  be  entitled  and 
admitted  to  representation  upon  this  further  fundamental  condition  : 
That  the  first  and  third  sub-divisions  of  section  17  of  the  fifth  arti- 
cle of  the  constitution  of  said  State,  except  the  proviso  to  the  first 
sub-division,  shall  be  null  and  void,  and  that  the  General  Assembly 
of  said  State  by  solemn  public  act  shall  declare  the  assent  of  the 
State  to  the  foregoing  fundamental  condition. 

SEC.  2.  That  if  the  day  fixed  for  the  first  meeting  of  the  Legis- 
lature of  either  of  said  States  by  the  constitution  or  ordinance  there- 
of shall  have  passed,  or  so  nearly  arrived,  before  the  passage  of  this 
act  that  there  shall  not  be  time  for  the  Legislature  to  assemble  at 
•tho  period  fixed,  such  Legislature  shall  convene  at  the  end  of 


576  RECONSTRUCTION. 

twenty  days  from  the  time  this  act  takes  effect  unless  the  Governor 
elect  shall  sooner  convene  the  same. 

SEC.  3.  That  the  first  section  of  this  act  shall  take  effect  as  to 
each  State,  except  Georgia,  when  such  State  shall,  by  its  Legisla- 
ture, duly  ratify  Article  14  of  the  amendment  to  the  Constitution  of 
he  United  States,  proposed  by  the  Thirty-ninth"  Congress  ;  and  as 
to  the  State  of  Georgia,  when  ib  shall,  in  addition,  give  the  assent  of 
said  State  to  the  fundamental  condition  hereinbefore  imposed  upon 
the  same,  thereupon  the  officers  of  each  State  duly  elected  and 
qualified  under  the  constitution  thereof  shall  be  inaugurated  with- 
out delay  ;  but  no  person  prohibited  from  holding  office  under  the 
United  States,  or  under  any  State,  by  section  3  of  the  proposed 
amendment  to  the  Constitution  of  the  United  States,  known  as  Ar- 
ticle 14,  shall  be  deemed  eligible  to  any  office  in  either  of  said 
States,  unless  relieved  from  disability  as  provided  in,  said  amend- 
ment ;  and  it  is  hereby  made  the  duty  of  the  President,  within  ten 
days  after  receiving  official  information  of  the  ratification  of  said 
amendment  by  the  Legislature  of  either  of  said  States,  to  issue  a 
proclamation  announcing  that  fact. 

The  following  bill,  also  passed  by  Congress,  in  July,  1868,  was 
intended  to  obviate  some  difficulties  in  the  organization  of  the 
legislatures  of  the  reconstructed  States,  etc.  : 

Be  it  enacted,  &c.,  That  the  legislature  of  each  of  the  States  of 
Arkansas,  North  Carolina,  South  Carolina,  Louisiana,  Georgia  and 
Alabama,  elected  under  the  constitution  thereof  framed  and  adopted 
in  pursuance  of  the  provisions  of  an  act  entitled,  "  An  act  for  the 
more  efficient  government  of  the  rebel  States,"  passed  March  2, 
1867,  and  the  acts  supplementary  thereto,  be  and  is  hereby  author- 
ized to  meet  on  such  day  as  may  have  been  fixed,  either  in  ^ncli 
constitution  or  by  proclamation  of  any  officer  authorized  to  convene 
such  legislature  by  the  convention  which  framed  such  constitution, 
and  if  no  day  shall  have  been  fixed  as  aforesaid,  or  if  the  day  so 
fixed  for  the  meeting  of  the  legislature  of  either  of  said  States 
shall  have  passed  or  shall  have  so  nearly  arrived,  before  the  passage 
of  this  act,  that  in  the.  opinion  of  the  Governof  elect  that  there 
might  not  be  time  for  the  legislature  to  assemble  on  the  day  so 
fixed,  such  legislature  may  be  convened  within  thirty  days  after  the 
passage  of  this  act  by  the  governor  of  said  State. 

SEC.  2.  And  be  it  further  enacted,  That  whenever  either  of  said 
States  shall  be  admitted  to  representation  in  Congress,  the  execu- 
tive and  judicial  officers  of  such  State,  duly  elected  and  qualified 
under  the  constitution  thereof,  may  be  inaugurated  without  delay, 
and  the  government  of  such  States  shall  thereupon  be  transferred 
to  the  civil  authorities  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  all 
civil  and  military  officers  exercising  authority  in  either  of  said 
States,  to  afford  all  practicable  aid  and  protection  to  the  officers  of 


RECONSTRUCTION.  577 

State  in  carrying-  out  the  provisions  of  this  act ;  and  any  such 
officer  who  shall  willfully  withhold  such  aid  and  protection,  or  shall 
willfully  prevent,  hinder  or  delay  the  meeting  of  either  of  said  leg- 
islatures, or  the  inauguration  of  any  of  said  State  officers,  or  of  any 
other  civil  or  military  officer  under  either  of  said  State  authori 
ties,  shall  be  guilty  of  a  felony,  and  upon  conviction  thereof  before 
any  Federal  or  State  court  of  criminal  jurisdiction,  shall  be  pun- 
ished by  imprisonment  not  exceeding  ten  years,  or  by  a  fine  not 
exceeding  ten  thousand  dollars,  or  both,  at  the  discretion  of  the 
court. 


V. — THE  FOURTEENTH  CONSTITUTIONAL  AMENDMENT, 

To  which  reference  is  made  in  these  acts,  and  which,  having  been 
duly  ratified  by  more  than  three-fourths  of  the  States,  became  a 
part  of  the  Constitution  of  the  United  States,  is  as  follows  : 

ARTICLE  XIV.  SECTION  1.  All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States,  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States  ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty  or  property,  without  duo 
process  of  law,  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the 'laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  rote  at  any  election  for  the  choice  of  Electors  for 
President  of  the  United  States,  Representatives  in  Congress,  the 
executive  and  judicial  officers  of  a  State,  or  the  members  of  the 
legislature  thereof  is  denied  to  any  of  the  male  inhabitants  of  such 
State,  being  twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion 
or  other  crime,  the  basis  of  representation  therein  shall  bo  reduced 
in  proportion  which  the  number  of  such  male  citizens  shall  bo  as  to 
the  whole  number  of  male  citizens  twenty-one  years  of  ago  in  such 
State. 

SEC.  3.  No  person  shall  bo  a  Senator  or  Representative  in  Con- 
gress, or  Elector  of  President  and  Vico-Presidont,  or  hold  any  office 
civil  or  military,  under  the  United  States,  or  undor  any  State,  who, 
having  previously  taken  an  oath,  as  a  merabsr  of  Congress,  or  as  a 
member  of  any  State  Legislature,  or  as  an  Executive  or  Judicial  offi- 
cer of  any  Stats  to  support  the  Constitution  of  tho  United  States,  shall 
have  engaged  in  insurrection  or  reballion  against  the  same,  or  given 
aid  and  comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  dabt  of  the  United    States 


578  EECONSTEUCTION. 

authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  and  re- 
bellion, shall  not  be  questioned.  But  neither  the  United  States  nor 
any  State  shall  assume  or  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any  slave  ;  bftt  all  such  debts 
obligations  or  claims,  shall  be  held  illegal  and  void. 

SEC.  5.  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 


ADDENDA. 


GENERAL    BANKRUPT    LAW, 
ESTABLISHING  A  UNIFORM  SYSTEM  OP  BANKRUPTCY 

[Passed  March  2d,  1867.    As  Amended  July  27th,  1868.] 

WITH   FORMS,  EXPLANATIONS  AND   INSTRUCTIONS  TO   BANK- 
RUPTS  AND    CREDITORS   DESIRING  THE   BEN- 
EFIT  OF   THE   LAW. 


AN  ACT   TO   ESTABLISH   A  UNIFORM   SYSTEM  OP  BANKRUPTCY 
THROUGHOUT   THE  UNITED   STATES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  tTiA 

United  States  of  America  in  Congress  assembled, 
That  the  several  district  courts  of  the  United  States  be,  and  they 
hereby  are,  constituted  courts  of  bankruptcy,  and  they  shall  have 
original  jurisdiction,  in  their  respective  districts,  in  all  matters  and 
proceedings  in  bankruptcy,  and  they  are  hereby  authorized  to  hear 
and  adjudicate  upon  the  same,  according  to  the  provisions  of  this 
act.  The  said  courts  shall  be  always  open  for  the  transaction  of 
business  under  this  act,  and  the  powers  and  jurisdiction  hereby 
granted  and  conferred,  shall  be  exercised  as  well  in  vacation  as  in 
term-time,  and  a  judge  sitting  at  chambers  shall  have  the  same 
powers  and  jurisdiction,  including  the  power  of  keeping  order  and 
of  punishing  any  contempt  of  his  authority,  as  when  sitting  in 
court.  And  the  jurisdiction  hereby  conferred  shall  extend  to  all 
cases  and  controversies  arising  between  the  bankrupt  and  any  cred- 
itor or  creditors,  who  shall  claim  any  debt  or  demand  under  the 
bankruptcy ;  to  the  collection  of  all  the  assets  of  the  bankrupt ;  to 
the  ascertainment  and  liquidation  of  the  liens  and  other  specific 
claims  thereon  ;  to  the  adjustment  of  the  various  priorities  and  con- 
flicting interests  of  all  parties ;  and  to  the  marshaling  and  dis- 
position of  the  different  funds  and  assets,  so  as  to  secure  the  rights 
of  all  parties  and  due  distribution  of  the  assets  among  all  the  cred- 
itors ;  and  to  all  acts,  matters  and  things  to  be  done  under  and  in 
virtue  of  the  bankrupty,  until  the  final  distribution  and  settlement 
of  the  estate  of  the  bankrupt,  and  the  close  of  the  proceedings  in 
bankruptcy.  The  said  Courts  shall  lu've  full  authority  to  compel 
obedier  'o  to  all  orders  and  decrees  passed  by  them  in  bankruptcy, 
by  pro*  iss  of  contempt  and  other  remedial  process,  to  the  same 
extent  \  lat  the  circuit  omrts  now  have  in  any  suit  pending  therein 
in  equity.  Said  courts  may  sit  for  the  transaction  of  business  in 
bankruptcy  at  any  place  in  the  district,  of  which  place,  and  *he  timi 


580  GENERAL   BANKRUPT   I  AW. 

of  holding  court,  they  shall  have  given  notice,  as  well  as  at  the 
places  designated  by  law  for  holding  such  courts. 

SEC.  2.  And  be  it  further  enacted,  That  the  several  circuit  courts 
of  the  United  States,  within  and  for  the  districts  where  the  pro- 
ceedings in  bankruptcy  shall  be  pending,  shall  have  a  general  super 
intendence  and  jurisdiction  of  all  cases  and  questions  arising  under 
this  act ;  and,  except  when  special  provision  is  otherwise  made, 
may,  upon  bill,  petition,  or  other  proper  process,  of  any  party 
aggrieved,  hear  and  determine  the  case  as  a  Court  of  Equity. 
The  powers  and  jurisdiction  hereby  granted  may  be  exercised 
either  by  said  court  or  by  any  justice  thereof  in  term-time  or  vaca- 
tion. Said  circuit  courts  shall  also  have  concurrent  jurisdiction 
with  the  district  courts  of  the  same  district  of  all  suits  at  law  or  in 
equity,  which  may  or  shall  be  brought  by  the  assignee  in  bank- 
ruptcy against  any  person  claiming  an  adverse  interest,  or  by  such 
person  against  such  assignee,  touching  any  property  or  rights  of 
property  of  said  bankrupt,  transferrable  to  or  vested  in  such  assignee  j 
but  no  suit  at  law  or  in  equity,  shall  in  any  case  be  maintainable  by 
or  against  such  assignee,  or  by  or  against  any  person  claiming  an 
adverse  interest,  touching  the  property  and  rights  of  property  afore- 
said, in  any  court  whatsoever,  unless  the  same  shall  be  'brought 
within  two  years  from  the  time  the  cause  of  action  accrued,  for  01 
against  such  assignee ;  provided,  that  nothing  herein  contained 
shall  revive  a  right  of  action  barred  at  the  time  such  assignee  is 
appointed. 

OF  THE  ADMINISTRATION  OP  THE  LAW  IN  COURTS  OP 
BANKRUPTCY. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Judges  of  the  District  Courts  of  the  United  States,  within  and  for 
the  several  districts,  to  appoint  in  each  Congressional  district  in  said 
districts,  upon  the  nomination  and  recommendation  of  the  Chief 
Justice  of  the  Supreme  Court  of  the  United  States,  one  or  more  reg- 
isters in  bankruptcy,  to  assist  the  Judge  of  the  District  Court  in  the 
performance  of  his  duties  under  this  act.  No  person  shall  be  eligi- 
ble to  such  appointment  unless  he  be  a  counsellor  of  said  court,  or 
of  some  one  of  the  Courts  of  Record  of  the  State  in  which  he  resides 
Before  entering  upon  the  duties  of  his  office,  every  person  so  ap- 
pointed a  register  in  bankruptcy  shall  give  a  bond  to  the  United 
States,  with  condition  that  he  will  faithfully  discharge  the  duties  of 
his  office,  in  a  sum  not  less  than  $1,000,  to  be  fixed  by  said  court, 
with  sureties  satisfactory  to  said  court,  or  to  either  of  the  said  jus- 
tices thereof ;  and  he  shall,  in  open  court,  take  and  subscribe  tha 
oath  prescribed  in  the  act  entitled  "  An  act  to  prescribe  an  oath  of 
office,  and  for  other  purposes,"  approved  July  2,  1862,  and  also  that 
he  will  not  during  his  continuance  in  office.be,  directly  or  io  directly, 
interested  in  or  benefited  by  the  fees  or  emoluments  arL'.agfrom 
any  suit  or  matter  pending  in  bankruptcy,  ;n  either  the  c  strict  or 
circuit  court  in  his  district.  »• 

SEC.  4.  And  be  it  further  enacted,  that  every  register  iii  bank- 
ruptcy, so  appointed  and  qualified,  shall  have  power,  and  it  shall  be 
his  duy,  to  make  adjudication  of  bankruptcy,  to  receive  the  guriear 


GENERAL   BANKRUPT   LAW.  581 

der  of  any  bankrupt,  to  administer  oaths  in  all  proceedings  befoie 
him,  to  hold  and  preside  at  meetings  of  creditors,  to  take  proof  of 
debts,  to  make  all  computations  of  dividends,  and  all  orders  of  dis- 
tribution, and  to  furnish  the  assignee  with  a  certified  copy  of  such 
orders,  and  of  the  schedules  of  creditors  and  assets  filed  in  each  case, 
to  audit  and  pass  accounts  of  assignees,  to  grant  protection,  to  pass 
the  last  examination  of  any  bankrupt  in  cases  whenever  the  assignee 
or  a  creditor  do  not  oppose,  and  to  sit  in  chambers  and  despatch 
there  such  part  of  the  administrative  business  of  the  court  and  such 
uncontested  matters  as  shall  be  defined  in  general  rules  and  orders, 
or  as  the  District  Judge  shall  in  any  particular  matter  direct  >  andj 
he  shall  also  make  short  memoranda  of  his  proceedings  in  each  case*" 
in  which  he  shall  act,  in  a  docket  to  be  kept  by  him  for  that  pur- 
pose, and  he  shall  forthwith,  as  the  proceedings  are  taken,  forward 
to  the  Clerk  of  the  District  Court  a  certified  copy  of  said  memoranda, 
which  shall  be  entered  by  said  clerk  in  the  proper  minute  book  to 
bo  kept  in  his  office,  and  any  register  of  the  court  may  act  for  any 
other  register  thereof :  Provided,  however,  that  nothing  in  this  sec 
tion  contained  shall  empower  a  register  to  commit  for  contempt,  or 
to  hear  a  disputed  adjudication,  or  any  question  of  the  allowance  or 
suspension  of  an  order  of  discharge ;  but  in  all  matters  where  an 
issue  of  fact  or  of  law  is  raised  and  contested  by  any  party  to  the 
proceedings  before  him,  it  shall  be  his  duty  to  cause  the  question  or 
issue  to  be  stated  by  the  opposing  parties  in  writing,  and  he  shall 
adjourn  the  same  into  court  for  decision  by  the  judge.  No  register 
shall  be  of  counsel  or  attorney,  either  in  or  out  of  court,  in  any  suit 
or  matter  pending  in  bankruptcy  in  either  the  Circuit  or  District 
Court  of  his  district,  or  in  an  appeal  therefrom ;  nor  shall  he  be  ex- 
ecutor, administrator,  guardian,  commissioner,  appraiser,,  divider  or 
assignee  of  or  upon  any  estate  within  the  jurisdiction  of  either  of 
said  courts  of  bankruptcy,  nor  be  interested  in  the  fees  or  emolu- 
ments arising  from  either  of  said  trusts.  The  fees  of  said  registers, 
as  established  by  this  act,  and  by  the  general  rules  and  orders  re- 
quired to  be  framed  under  it,  shall  be  paid  to  them  by  the  parties 
for  whom  the  services  may  be  rendered  in  the  course  of  proceedings 
authorized  by  this  act. 

SEC.  5.  And  be  it  further  enacted,  That  the  Judge  of  the  District 
Court  may  direct  a  register  to  attend  at  any  place  within  the  dis- 
trict for  the  purpose  of  hearing  such  voluntary  applications  under 
this  act  as  may  not  be  opposed,  of  attending  any  meeting  of  credit- 
ors, or  receiving  any  proofs  of  debts,  and,  generally,  for  the  prose- 
cution of  any  bankruptcy  or  other  proceedings  under  this  act 
and  the  travelling  and  incidental  expenses  of  such  register,  and  of 
any  clerk  or  other  officer  attending  him,  incurred  in  so  acting,  shall 
be  settled  by  said  court  in  accordance  with  the  rules  prescribed  un- 
der the  tenth  section  of  this  act,  and  paid  out  of  the  assets  of  the 
estate  in  respect  of  which  such  register  has  so  acted  ;  or  if  there  be 
no  such  assets,  or  if  the  assets  shall  be  insufficient,  then  such  ex- 
penses shall  form  a  part  of  the  costs  in  the  case  or  cases  in  which  the 
register  shall  have  acted  in  such  journey,  to  be  apportioned  by  the 
judge,  and  such  register  so  acting,  shall  have  and  exercise  all  powers, 
•except  the  power  of  commitment,  vested  in  the  District  Court  fo» 


582  GENERA!     BANKRUPT   LAW. 

the  summoning  and  examination  of  persons  or  witnesses,  and  for 
requiring  the  production  of  books,  papers  and  documents.  Provid- 
ed always,  That  all  depositions  of  persons  and  witnesses  taken 
before  said  register,  and  all  acts  done  by  him,  shall  be  reduced  to 
writing,  and  be  signed  by  him,  and  shall  be  filed  in  the  clerk's  office 
as  part  of  the  proceedings.  Such  register  shall  be  subject  to  removal 
by  the  Judge  of  the  District  Court,  and  all  vacancies  occurring  by 
such  removal,  or  by  resignation,  change  of  residence,  death  or  disa- 
bility, shall  be  promptly  filled  by  other  fit  persons,  unless  said  court 
shall  deem  the  continuance  of  the  particular  office  unnecessary. 

SEC.  6.  And  be  it  further  enacted,  That  any  party  shall,  during 
the  proceedings  before  a  register,  be  at  liberty  to  take  the  opinion 
of  the  District  Judge  upon  any  point  or  matter  arising  in  the  course 
of  such  proceedings,  or  upon  the  result  of  such  proceedings,  which 
shall  be  stated  by  the  register  in  the  shape  of  a  short  certificate  to 
the  judge,  who  shall  sign  the  same  if  he  approve  thereof ;  and  such 
certificate,  so  signed,  shall  be  binding  on  all  the  parties  to  the  pro- 
ceeding ;  but  every  such  certificate  may  be  discharged  or  varied  by 
the  judge  at  chambers  or  in  open  court.  In  any  bankruptcy,  or  in 
rmy  other  proceedings  within  the  jurisdiction  of  the  court,  under 
this  act,  the  parties  concerned,  or  submitting  to  such  jurisdiction, 
may  at  any  stage  of  the  proceedings,  by  consent,  state  any  question 
or  questions  in  a  special  case  for  the  opinion  of  the  court,  and  the 
judgment  of  tke  court  shall  be  final,  unless  it  be  agreed  and  stated 
in  such  special  case  that  either  party  may  appeal,  if,  in  such  case,  an 
appeal  is  allowed  by  this  act.  The  parties  may  also,  if  they  think 
fit,  agree,  that  upon  the  question  or  questions  raised  by  such  special 
case  being  finally  decided,  a  sum  of  money,  fixed  by  the  parties,  or 
to  be  ascertained  by  the  court,  or  in  such  manner  as  the  court  may 
direct,  or  any  property,  or  the  amount  of  any  disputed  debt  or  claim, 
shall  be  paid,  delivered  or  transferred  by  one  of  such  parties  to  the 
other  of  them  either  with  or  without  costs. 

SEC.  7.  And  be  it  further  enacted,  That  parties  and  witnesses 
summoned  before  a  register  shall  be  bound  to  attend  in  pursuance 
of  such  summons  at  the  place  and  time  designated  therein,  and  shall 
be  entitled  to  protection,  and  be  liable  to  process  of  contempt  in  like 
manner  as  parties  and  witnesses  are  now  liable  thereto  in  case  of 
default  in  attendance  under  any  writ  of  subpoena,  and  all  persons 
willfully  and  corruptly  swearing  or  affirming  falsely  before  a  register 
shall  be  liable  to  all  the  penal  ties,  punishments  and  consequences  of 
perjury.  If  any  person  examined  before  a  register  shall  refuse  or 
decline  to  answer,  or  to  swear  to  or  sign  his  examination  when  taken, 
the  register  shall  refer  the  matter  to  the  judge,  who  shall  have 
power  to  order  the  person  so  acting  to  pay  the  costs  thereby  occa- 
sioned, if  such  person  be  compellable  by  law  to  answer  such  question 
or  to  sign  such  examination,  and  such  person  shall  also  be  liable  to 
be  punished  for  contempt. 

OF  APPEALS  AND  PRACTICE. 

SEC.  8  And  be  it  further  enacted,  That  appeals  may  be  taken 
from  the  District  to  the  Circuit  Courts  in  all  cases  in  equity,  and 
writs  of  error  may  be  allowed  to  said  Circuit  Courts  from  said  Dis- 


GENERAL   BANKRUPT  LAW.  583 

trict  Courts  in  cases  at  law  under  the  jurisdiction  created  by  this 
act  when  the  debt  or  damages  claimed  amount  to  more  than  $500, 
and  any  supposed  creditor,  whose  claim  is  wholly  or  in  part  rejected, 
or  an  assignee  who  is  dissatisfied  with  the  allowance  of  a  claim, 
may  appeal  from  the  decision  of  the  District  Court  to  the  Circuit 
Court  for  the  same  district ;  but  no  appeal  shall  be  allowed  in  any 
case  from  the  District  to  the  Circuit  Court  unless  it  is  claimed,  and 
notice  given  thereof  to  the  Clerk  of  the  District  Court,  to  be  entered 
with  the  record  of  the  proceedings,  and  also  to  the  assignee  or 
creditor,  as  the  case  may  be,  or  to  the  defeated  paorty  in  equity, 
within  ten  days  after  the  entry  of  the  decree  or  decision  appealed 
from.  The  appeal  shall  be  entered  at  the  term  of  the  Circuit  Court 
which  shall  be  first  held  within  and  for  the  district  next  after  the 
expiration  of  ten  days  from  the  time  of  claiming  the  same.  But  if 
the  appellant  in  writing  waives  his  appeal  before  any  decision 
thereon  proceedings  may  be  had  in  the  District  Court  as  if  no  appeal 
had  been  taken,  and  no  appeal  shall  be  allowed  unless  the  appellant 
at  the  time  of  claiming  the  same  shall  give  bond  in  manner  now  re- 
quired by  law  in  cases  of  such  appeals.  No  writ  of  error  shall  be 
allowed  unless  the  party  claiming  it  shall  comply  with  the  statutes 
regulating  the  granting  of  such  writs. 

SEC.  9.  And  be  it  further  enacted,  That  in  cases  arising  under 
this  act  no  appeal  or  writ  of  error  shall  be  allowed  in  any  case  from 
the  Circuit  Courts  to  the  Supreme  Courts  of  the  United  States,  un- 
less the  matter  in  dispute  in  such  case  shall  exceed  $2,000. 

SEC.  10.  And  be  it  further  enacted,  That  the  Justices  of  the  Su- 
preme Court  of  the  United  States,  subject  to  the  provisions  of  this 
act,  shall  frame  general  orders  for  the  following  purposes : — 

For  regulating  the  practice  and  procedure  of  the  District  Courts 
in  bankruptcy,  and  the  several  forms  of  petitions,  orders  and  other 
proceedings  to  be  used  in  said  courts  in  all  matters  under  this  act : 

For  regulating  the  duties  of  the  various  officers  of  said  courts ; 

For  regulating  the  fees  payable  and  the  charges  and  costs  to  ^be 
allowed,  except  such  as  are  established  by  this  act  or  by  law,  with 
respect  to  all  proceedings  in  bankruptcy  before  said  courts,  not  ex- 
ceeding the  rate  of  fees  now  allowed  by  law  for  similar  services  in 
other  proceedings ; 

For  regulating  the  practice  and  procedure  upon  appeals ; 

For  regulating  the  filing,  custody  and  inspection  of  records  ; 

And  generally  for  carrying  the  provisions  of  this  act  into  effect. 

After  such  general  orders  shall  have  been  so  framed,  they  or  any 
of  them  may  be  rescinded  or  varied,  and  other  general  orders  may 
be  framed  in  manner  aforesaid ;  and  all  such  general  orders  so 
framed  shall  from  time  to  time  be  reported  to  Congress,  with  such 
suggestions  as  said  justices  may  think  proper. 

VOLUNTARY  BANKRUPTCY — COMMENCEMENT  OJT  PROCEEDINGS. 

SEC.  11.  And  be  it  further  enacted,  that  if  any  person  residing 
within  the  jurisdiction  of  the  United  States,  owing  debts  provible 
under  this  act  exceeding  the  amount  of  $300,  shall  apply  by  petition 
addressed  to  the  judge  of  the  judicial  district  in  which  such  debtor 
HUB  resided  or  carried  on  business  for  the  six  months  next  Smm^ 


584  GENERAL  BANKRUPT  LAW. 

diately  preceding  the  time  of  filing  such  petition,  or  for  the  loi.gesi 
period  during  such  six  months,  setting  forth  his  place  of  residence, 
Iiis  inability  to  pay  all  his  debts  in  full,  his  willingness  to  surrender 
all  his  estate  and  effects  for  the  benefit  of  his  creditors  and  his  de- 
sire to  obtain  the  benefit  of  this  act,  and  shall  annex  to  his  petition 
a  schedule,  verified  by  oath  before  the  court,  or  before  a  register  in 
bankruptcy,  or  before  one  of  the  commissioners  of  the  Circuit  Court 
of  the  Ignited  States,  containing  a  full  and  true  statement  of  all  hia 
debts,  and,  as  far  as  possible,  to  whom  due,  with  the  place  of  resi 
dence  of  such  creditor,  if  known  to  the  debtor,  and  if  not  known  the 
fact  to  be  so  stated,  and  the  sum  due  to  such  creditor ;  also  the 
tiature  of  each  debt  or  demand,  whether  founded  on  written  security, 
obligation,  contract  or  otherwise,  and  also  the  true  cause  and  consi- 
deration of  such  indebtedness  in  each  case,  and  the  place  where  such 
indebtedness  accrued,  and  a  statement  of  any  existing  mortgage, 
pledge,  lien,  judgment,  or  collateral  or  other  security  given  for  the 
payment  of  the  same ;  and  shall  also  annex  to  his  petition  an  ac- 
curate inventory,  verified  in  like  manner,  of  all  his  estate,  both  real 
and  personal,  assignable  under  this  act,  describing  the  same,  and 
stating  where  it  is  situated,  and  whether  there  are  any,  and  if  so, 
what  incumbrances  thereon,  the  filing  of  such  petition  shall  be  an 
act  of  bankruptcy,  and  such  petitioner  shall  be  adjudged  a  bankrupt. 
Provided,  that  all  citizens  of  the  United  States  petitioning  to  be 
declared  bankrupt  shall,  on  filing  such  petition,  and  before  any  pro- 
ceedings thereon,  take  and  subscribe  an  oath  of  allegiance  and  fidel 
ity  to  the  United  States,  which  oath  shall  be  filed  and  recorded  with 
the  proceedings  in  bankruptcy.  And  the  judge  of  the  District 
Court,  or,  if  there  be  no  opposing  party,  any  register  of  said  court, 
to  be  designated  by  the  judge,  shall  forthwith,  if  he  be  satisfied, 
that  the  debts  due  from  the  petitioner  exceed  $300,  issue  a  warrant, 
to  be  signed  by  such  judge  or  register,  directed  to  the  marshal  of 
.  said  district,  authorizing  him  forthwith,  as  messenger/  to  publish 
notices  in  such  newspapers  as  the  warrant  specifies ;  to  serve  written 
or  printed  notice,  by  mail  or  personally,  on  all  creditors  upon  the 
schedule  filed  with  the  debtor's*  petition,  or  whose  names  may  bo 
given  to  him,  in  addition,  by  the  debtor,  and  to  give  such  personal 
or  other  notice  to  any  persons  concerned  as  the  warrant  specifies, 
which  notice  shall  state : — 

First — That  a  warrant  in  bankruptcy  has  been  issued  against  the 
estate  of  the  debtor. 

Second — That  the  payment  of  any  debts  and  the  delivery  of  any 
property  belonging  to  such  debtor  to  him  or  for  his  use,  and  the 
transfer  of  any  property  by  him,  are  forbidden  by  law. 

Third — That  a  meeting  of  the  creditors  of  the  debtor,  giving  the 
names,  residences  and  amounts,  so  far  as  known,  to  prove  their  debts 
and  choose  one  or  more  assignees  of  his  estate,  will  be  held  at  a  Court 
of  Bankruptcy,  to  be  holden  at  a  time  and  place  designated  in  the 
warrant,  not  less  than  ten  nor  more  than  ninety  days  after  the  is- 
suing of  the  same. 

OF  ASSIGNMENTS  AND  ASSIGNEES. 
S&c.  IS.  And  be  it  further  enacted.  That  at  the  meeting,  held  in 


GENEBAL   BANKRUPT   LAW.  585 

pursuance  or  tlie  notice,  one  of  the  registers  of  the  coart  shall  pro- 
Bide,  and  the  messenger  shall  make  return  of  the  warraut  and  of 
his  doings  thereon ;  and  if  it  appears  that  the  notice  to  the  cred- 
itors has  not  been  given  as  required  in  the  warrant,  the  meeting 
shall  forthwith  be  adjourned,  and  a  new  notice  given  as  required. 
If  the  debtor  dies  after  the  issuing  of  the  warrant,  the  proceedings 
may  be  continued  and  concluded  in  like  manner  as  if  he  had  lived. 

SEC.  13.  And  be  it  further  enacted,  That  the  creditors  shall,  at 
the  first  meeting  held  after  due  notice  from  the  messenger,  in  pres- 
ence of  a  register  designated  by  the  court,  choose  one  or  more 
assignees  of  the  estate  of  the  debtor ;  the  choice  to  be  made  by  the 
greater  part  in  value  and  in  number  of  the  creditors  who  have 
proved  their  debts.  If  no  choice  is  made  by  the  creditors  at  said 
meeting,  the  judge,  or,  if  there  be  no  opposing  interest,  the  regis- 
ter, shall  appoint  one  or  more  assignees.  If  an  assignee,  so  chosen 
or  appointed,  fails  within  five  days  to  express,  in  writing,  his  accept- 
ance of  the  trust,  the  judge  or  register  may  fill  the  vacancy.  All 
elections  or  appointments  of  assignees  shall  be  subject  to  the  ap- 
proval of  the  judge ;  and  when  in  his  judgment  it  is  for  any  cause 
needful  or  expedient,  he  may  appoint  additional  assignees,  or  order 
a  new  election.  The  judge  at  any  time  may,  and  upon  the  request 
in  writing  of  any  creditor  who  has  proved  his  claim,  shall  require 
the  assignee  to  give  good  and  sufficient  bond  to  the  United  States, 
with  a  condition  for  the  faithful  performance  and  discharge  of  hi? 
duties  ;  the  bond  shall  be  approved  by  the  judge  or  register  by  his 
endorsement  thereon,  shall  be  filed  with  the  record  of  the  case,  and 
inure  to  the  benefit  of  all  creditors  proving  their  claims,  and  may 
be  prosecuted  in  the  name  and  for  the  benefit  of  the  injured  party. 
If  the  assignee  fails  to  give  the  bond  within  such  time  as  the  judge 
orders,  not  exceeding  ten  days  after  notice  to  him  of  such  order, 
the  judge  shall  remove  him  and  appoint  another  in  his  place. 

SEC.  14.  And  be  it  further  enacted,  That  as  soon  as  said  assignee 
is  appointed  and  qualified,  the  judge,  or  where  there  is  no  opposing 
interest,  the  register,  shall,  by  an  instrument  under  his  hand,  assign 
and  convey  to  the  assignee  all  the  estate,  real  and  personal,  of  the 
bankrupt,  with  all  his  deeds,  books  and  papers  relating  thereto, 
and  such  assignment  shall  relate  back  to  the  commencement  of  said 
proceedings  in  bankruptcy,  and  thereupon,  by  operation  of  law,  the 
title  to  all  such  property  and  estate,  both  real  and  personal,  shall 
vest  in  said  assignee,  although  the  same  is  then  attached  on  mesne 
process  as  the  property  of  the  debtor,  and  shall  dissolve  any  such 
attachment  made  within  four  months  next  preceding  the  commence 
ment  of  said  proceedings ;  provided,  however,  that  there  shall  be 
excepted  from  the  operation  of  the  provisions  of  this  section  the 
necessary  household  and  kitchen  furniture,  and  such  other  articles 
and  necessaries  of  such  bankrupt  as  the  said  assignee  shall  desig- 
nate and  set  apart,  having  reference  in  the  amount  to  the  familv, 
condition  and  circumstances  of  the  bankrupt,  but  altogether  not  to 
exceed  in  value,  in  any  case,  the  sum  of  $500  ;  and  also  the  wear- 
ing apparel  of  such  bankrupt,  and  that  of  his  wile  and  children, 
and  the  uniform,  arms  and  equipments  of  any  person  who  is  or  has 
been  a  soldier  in  the  militia,  or  in  the  service  of  the  United  States  ; 


580  GENERAL   BANKRUPT   LAW. 

and  such  other  property  as  now  is,  or  hereafter  shaL  be,  exempted 
from  attachment,  or  seizure,  or  levy  on  execution  by  the  laws  of 
the  United  States,  and  such  other  property  not  included  in  the  fore- 
going- exemptions  as  is  exempted  from  levy  and  sale  upon  execution 
or  other  process  or  order  of  court,  by  the  laws  of  the  State  in  which 
the  bankrupt  has  his  domicile  at  the  time  of  the  commencement  of 
the  proceedings  in  bankruptcy,  to  an  amount  not  exceeding  that 
allowed  by  such  State,  exemption  laws  in  force  in  the  year  1864 ; 
provided,  that  the  foregoing  exception  shall  operate  as  a  limitation 
upon  the  conveyance  of  the  property  of  the  bankrupt  to  his  assign- 
ees ;  and  in  no  case  shall  the  property  hereby  excepted  pass  to  the 
assignees,  or  the  title  of  the  bankrupt  thereto  be  impaired  or  affected 
by  any  of  the  provisions  of  this  act ;  and  the  determination  of  the 
assignees  in  the  matter  shall,  on  exception  taken,  be  subject  to  the 
final  decision  of  the  said  court.  And  provided  further,  that  no 
mortgage  of  any  vessel  or  of  any  other  goods  or  chattels,  made  as 
security  for  any  debt  or  debts,  in  good  faith  and  for  present  consid- 
erations and  otherwise  valid,  and  duly  recorded,  pursuant  to  any 
statute  of  the  United  States,  or  of  any  State,  shall  be  invalidated  or 
affected  hereby  ;  and  all  the  property  conveyed  by  the  bankrupt  in 
fraud  of  his  creditors  ;  all  rights  in  equity,  choses  in  action,  patents 
and  patent  rights  and  copyrights ;  all  debts  due  him,  or  any  person 
for  his  use,  and  all  liens  and  securities  therefor  ;  and  all  his  rights 
of  action  for  property  or  estate,  real  or  personal,  and  for  any  cause 
of  action  which  the  bankrupt  had  against  any  person  arising  from 
contract  or  from  the  unlawful  taking  or  detention,  or  of  injury  to 
the  property  of  the  bankrupt,  and  all  his  rights  of  redeeming  such 
property  or  estate,  with  the  like  right,  title,  power  and  authority  to 
sell,  manage,  dispose  of,  sue  for  and  recover  or  defend  the  same,  as 
the  bankrupt  might  or  could  have  had  if  no  assignment  had  been 
made,  shall,  in  virtue  of  the  adjudication  of  bankruptcy  and  the 
appointment  of  his  assignee,  be  at  once  vested  in  such  assignee ; 
and  he  may  sue  for  and  recover  the  said  estate,  debts  and  effects, 
and  may  prosecute  and  defend  all  suits  at  law  or  in  equity,  pending 
at  the  time  of  the  adjudication  of  bankruptcy,  in  which  such  bank- 
rupt is  a  party  in  his  own  name,  in  the  same  manner  and  with  the 
like  effect  as  they  might  have  been  prosecuted  or  defended  by  such 
bankrupt ;  and  a  copy,  duly  certified  by  the  clerk  of  the  court, 
tinder  the  seal  thereof,  of  the  assignment  made  by  the  judge  or 
register,  as  the  case  may  be,  to  him  as  assignee,  shall  be  conclusive 
evidence  of  his  title  as  such  assignee  to  take,  hold,  sue  for  and  re- 
cover the  property  of  the  bankrupt,  as  hereinbefore  mentioned ;  but 
no  property  held  by  the  bankrupt  in  trust  shall  pass  by  such  assign 
nient.  No  person  shall  be  entitled  to  maintain  an  action  against^an 
assignee  in  bankruptcy  for  anything  done  by  him  as  such  assignee 
without  previously  giving  him  twenty  days'  notice  of  such  action, 
specifying  the  cause  thereof,  to  the  end  that  such  assignee  may  have  an 
opportunity  of  tendering  amends,  should  he  see  fit  to  do  so.  No  person 
shall  be  entitled,  as  against  the  assignee,  to  withhold  frcm  him  posses- 
sion of  any  books  of  account  of  the  bankrupt,  or  claim  any  lien  there 
on ;  and  no  suit  in  which  the  assignee  is  a  party  shall  be  abated  by 
bis  death  or  removal  from  office,  but  the  same  may  be  prosecuted 


GENERAL   BANKRUPT  LAW.  587 

ana  defended  by  his  successor,  or  by  the  surviving  or  remaining  as- 
signee, as  the  case  may  be.  The  assignee  shall  have  authority,  un- 
der the  order  and  direction  of  the  court,  to  redeem  or  discharge  any 
mortgage  or  conditional  contract,  or  pledge  or  deposit,  or  lien  upon 
any  property,  real  or  personal,  whenever  payable,  and  to  tender  due 
performance  of  the  condition  thereof,  or  to  sell  the  same  subject  to 
such  mortgage,  lien,  or  other  incumbrances.  The  debtor  shall  also, 
at '  the  request  of  the  assignee  and  at  the  expense  of  the  estate, 
make  and  execute  any  instruments,  deeds  and  writings  which  may 
be  proper  to  enable  the  assignee  to  possess  himself  fully  of  all  the 
assets  of  the  bankrupt.  The  assignee  shall  immediately  give  notice 
of  his  appointment,  by  publication  at  least  once  a  week  for  three 
successive  weeks  in  such  newspapers  as  shall  for  that  purpose  bo 
designated  by  the  court,  due  regard  being  had  to  their  general  cir- 
culation in  the  district  or  in  that  portion  of  the  district  in  which 
the  bankrupt  and  his  creditors  shall  reside,  and  shall,  within  six 
months,  cause  the  assignment  to  him  to  be  recorded  in  every  registry 
of  deeds  or  other  office  within  the  United  States  where  a  conveyance 
of  any  lands  owned  by  the  bankrupt  ought  by  law  to  be  recorded  ; 
and  the  record  of  such  assignment,  or  a  duly  certified  copy  thereof, 
shall  be  evidence  thereof  in  all  courts. 

SEC.  15.  And  be  it  further  enacted,  That  the  assignee  shall  de- 
mand and  receive  from  any  and  all  persons  holding  the  same  all  the 
estate  assigned,  or  intended  to  be  assigned,  under  the  provisions  of 
this  act ;  and  he  shall  sell  all  such  unencumbered  estate,  real  and 
personal,  which  comes  to  his  hands,  on  such  terms  as  he  thinks 
most  for  the  interest  of  the  creditors ;  but  upon  petition  of  any  per 
eon  interested,  and  for  cause  shown,  the  court  may  make  such  order 
concerning  the  time,  place  and  manner  of  sale  as  will,  in  its  opinion, 
prove  to  the  interest  of  the  creditors  ;  and  the  assignee  shall  keep 
a  regular  account  of  all  money  received  by  him  as  assignee,  to  which 
every  creditor  shall,  at  reasonable  times,  have  free  resort. 

SEC.  16.  And  be  it  further  enacted,  That  the  assignee  shall  have 
the  like  remedy  to  recover  all  said  estate,  debts  and  effects  in  hi? 
own  name,  as  the  debtor  might  have  had  if  the  decree  in  bankruptcy 
had  not  been  rendered  and  no  assignment  had  been  made.  If,  at 
the  time  of  the  commencement  of  proceedings  in  bankruptcy,  aa 
action  is  pending  in  the  name  of -the  debtor  for  the  recovery  of* 
debt-  or  other  thing  which  might  or  ought  to  pass  to  the  assignee 
by  the  assignment,  the  assignee  shall,  if  he  requires  it,  bo  admitted 
to  prosecute  the  action  in  his  own  name,  in  like  manner  and  with 
like  effect  as  if  it  had  been  originally  commenced  by  him.  No  suit 
pending  in  the  name  of  the  assignee  shall  be  abated  by  his  death  or 
removal ;  but  upon  the  motion  of  the  surviving  or  remaining  or  new 
assignee,  as  the  case  may  be,  he  shall  be  admitted  to  prosecute  the 
suit  in  like  manner  and  with  like  effect  as  if  it  had  been  originally 
commenced  by  him.  In  suits  prosecuted  by  the  assignee  a  certified 
copy  of  the  assignment  made  to  him  by  the  judge  or  register  shall  be 
conclusive  evidence  of  his  authority  to  sue. 

SEC.  17.  And  be  it  further  enacted,  That  the  assignee  shall,  as 
soon  as  may  be  after  receiving  any  money  belonging  to  the  estate, 
depoaU  the  same  in  some  bank  in  his  name  as  assignee,  or  otherwis* 


588  GENERAL   BANKRUPT   LA.W. 

keep  it  distinct  and  apart  from  all  other  money  in  Ms  possession , 
and  shall,  as  far  as  practicable,  keep  all  goods  and  effects  belonging 
to  the  estate  separate  and  apart  from  all  other  goods  in  his  posses- 
sion, or  designated  by  appropriate  marks,  so  that  they  may  be  easily 
and  clearly  distinguished,  and  may  not  be  exposed  or  liable  to  be 
taken  as  his  property  or  for  the  payment  of  his  debts.  When  it  ap- 
pears that  the  distribution  of  the  estate  may  oe  delayed  by  liti- 
gation or  other  cause,  the  court  may  direct  the  temporary  invest- 
ment of  the  money  belonging  to  such  estate  in  securities  to  be  ap- 
proved by  the  judge  or  a  register  of  said  court,  or  may  authorize 
the  same  to  be  deposited  in  any  convenient  bank  upon  such  interest, 
not  exceeding  the  legal  rate,  as  the  bank  may  contract  with  the 
assignee  to  pay  thereon.  He  shall  give  written  notice  to  all  known 
creditors,  by  mail  or  otherwise,  of  all  dividends,  and  such  notice  of 
meetings,  after  the  first,  as  may  be  ordered  by  the  court.  He  shall 
be  allowed,  and  may  retain  out  of  the  money  in  his  hands,  all  the 
necessary  disbursements  made  by  him  in  the  discharge  of  his  duty, 
and  a  reasonable  compensation  for  his  services,  in  the  discretion  of 
the  court.  He  may,  under  the  direction  of  the  court,  submit  any 
controversy  arising  in  the  settlement  of  demands  against  the  estate 
or  of  debts  due  to  it,  to  the  determination  of  arbitrators,  to  be  chosen 
by  him  and  the  other  party  to  the  controversy,  and  may,  under  such 
direction,  compound  and  settle  any  such  controversy,  by  agreement 
with  the  other  party,  as  he  thinks  proper  and  most  for  the  interest 
of  the  creditors. 

SEC.  18.  And  be  it  further  enacted,  That  the  court,  after  due  no- 
tice and  hearing,  may  remove  an  assignee  for  any  cause  which,  in 
the  judgment  of  the  court,  renders  such  removal  necessary  or  expe- 
dient. At  a  meeting  called  by  order  of  the  court  in  its  discretion 
for  the  purpose,  or  which  shall  be  called  upon  the  application  of  a 
majority  of  the  creditors  may,  with  consent  of  the  court,  remove  any 
assignee  by  such  a  vote  as  is  hereinbefore  provided  for  the  choice 
of  assignee.  An  assignee  may,  with  the  consent  of  the  judge,  resign 
his  trust  and  be  discharged  therefrom.  Vacancies  caused  by  death 
or  otherwise  in  the  office  of  assignee  may  be  filled  by  appointment 
of  the  court,  or  at  its  discretion  by  an  election  by  the  creditors,  in 
the  manner  hereinbefore  provided,  at  a  regular  meeting,  or  at  a 
meeting  called  for  the  purpose,  with  such  notice  thereof  in  writing 
to  all  known  creditors,  and  by  such  person  as  the  court  shall  direct. 
The  resignation  or  removal  of  an  assignee  shall  in  no  way  release 
liim  from  performing  all  things  requisite  on  his  part  for  the  proper  - 
closing  up  of  his  trust  and  the  transmission  thereof  to  his  succes- 
sors, nor  shall  it  affect  the  liability  of  the  principal  or  surety  on  the 
bond  given  by  the  assignee.  When,  by  death  or  otherwise,  the 
number  of  assignees  is  reduced,  the  estate  of  the  debtor  not  lawfully 
disposed  of  shall  vest  in  the  remaining  assignee  or  assignees,  and 
the  persons  selected  to  fill  vacancies,  if  any,  with  the  same  powers 
and  duties  relative  thereto  as  if  they  were  originally  chosen.  Any 
former  assignee,  his  executors  or  administrators,  upon  request,  and 
at  the  expense  of  the  estate,  shall  make  and  execute  to  the  new  as- 
signee all  deeds,  conveyances  and  assurances,  and  do  all  other  law 
ftd  acts  requisite  to  enable  him  to  recover  and  receive  all  the  estate. 


GENERAL   .BANKRUPT  LAW.  589 

And  the  court  may  make  all  orders  which  it  may  deem  expedient 
to  secure  the  proper  fulfillment  of  the  duties  of  any  former  assignee, 
and  the  rights  and  interests  of  all  persons  interested  in  the  estate. 
No  person  who  has  received  any  preference  contrary  to  the  provi- 
sions of  this  act  shall  vote  for  or  be  eligible  as  assignee ;  but  no  title 
to  property,  real  or  personal,  sold,  transferred  or  conveyed  by  an  as- 
signee, shall  be  affected  or  impaired  by  reason  of  his  ^eligibility 
An  assignee  refusing  or  unreasonably  neglecting  to  execute  an  in- 
strument when  lawfully  required  by  the  court,  or  disobeying  a  law- 
ful order  or  decree  of  the  court  in  the  premises,  may  be  punished  as 
for  a  contempt  of  court. 

OF   DEBTS   AND  PROOF   OF   CLAIMS. 

SEC.  19.  And  be  it  further  enacted,  That  all  debts  due  and  payable 
f**om  the  bankrupt  at  the  time  of  the  adjudication  of  bankruptcy, 
and  all  debts  then  existing  but  not  payable  until  a  future  day,  a 
rebate  of  interest  being  made  when  no  interest  is  payable  by  the 
terms  of  contract,  may  be  proved  against  the  estate  of  the  bankrupt. 
All  demands  against  the  bankrupt  for  or  on  account  of  any  goods  or 
chattels  wrongfully  taken,  converted  or  withheld  by  him  may  be 
proved  and  allowed,  as  debts  to  the  amount  of  the  value  of  the  prop- 
erty so  taken  or  withheld,  with  interest.  If  the  bankrupt  shall  be 
bound  as  drawer,  indorser,  surety,  bail  or  guarantor  upon  any  bill, 
bond,  note,  or  ac^  other  specialty  or  contract,  or  for  any  debt  of 
another  person,  and  his  liability  shall  not  have  become  absolute 
until  after  the  adjudication  of  bankruptcy,  the  creditor  may  prove 
the  same  after  such  liability  shall  have  become  fixed,  and  before  the 
final  dividend  shall  have  been  declared.  In  all  cases  of  contingent 
debts  and  contingent  liabilities  contracted  by  the  bankrupt  and  not 
herein  otherwise  provided  for,  the  creditor  may  make  claim  therefor, 
and  have  his  claim  allowed,  with  the  right  to  share  in  the  dividends, 
if  the  contingency  shall  happen  before  the  order  for  the  final  divi- 
dend ;  or  he  may  at  any  time  apply  to  the  court  to  have  the  present 
value  of  the  debt  or  liability  ascertained  and  liquidated,  which  shall 
then  be  done  in  such  manner  as  the  court  shall  order,  and  he  shall 
be  allowed  to  prove  for  the  amount  so  ascertained.  Any  person 
liable  as  bail,  surety,  guarantor,  or  otherwise  for  the  bankrupt,  who 
shall  have  paid  the  debt,  or  any  part  thereof,  in  discharge  of  the 
whole,  shall  be  entitled  to  prove  such  debt,  or  to  stand  in  the  place 
of  the  creditor  if  he  shall  have  proved  the  same,  although  such 
payments  shall  have  been  made  after  the  proceedings  in  bankruptcy 
were  commenced.  And  any  person  so  liable  for  the  bankrupt,  and 
who  has  not  paid  the  whole  of  said  debt,  but  is  still  liable  for  the 
same  or  any  part  thereof,  may,  if  the  creditor  shall  fail  or  omit  to 
prove  such  debt,  prove  the  same  either  in  the  name  of  the  creditor 
or  otherwise,  as  may  be  provided  by  the  rules,  and  subject  to  such 
regulations  and  limitations  as  may  be  established  by  such  rules. 
Where  the  bankrupt  is  liable  to  pay  rent,  or  other  debt  falling  due 
at  fixed  and  stated  periods,  the  creditor  may  prove  for  a  propor- 
tionate part  thereof  up  to  the  time  of  the  bankruptcy,  as  if  the  same 
grew  due  from  day  to  day,  and  not  at  such  fixed  and  stated  periods. 
&  any  bankrupt  shall  be  liable  for  unliquidated  damages  arising  oat 


590  GENEBAl    BANKRUPT   LAW. 

of  any  contract  or  promise,  or  on  account  of  any  goods  or  chattel* 
wrongfully  taken,  converted  or  withheld,  the  court  may  cause  such 
damages  to  be  assessed  in  such  mode  as  may  be  deemed  best,  and 
the  sum  so  assessed  may  be  proved  against  the  estate.  No  debts 
other  than  those  above  specified  shall  be  proved  or  allowed  against 
the  estate. 

fc>KC.  20.  And  be  it  further  enacted,  That,  in  all  cases  of  mutual 
debts  or  mutual  credits  between  the  parties,  the  account  between 
them  shall  be  stated,  and  one  debt  set  off  against  the  other,  and  the 
balance  only  shall  be  allowed  or  paid,  but  no  set-off  shall  be  allowed 
of  a  ciaim  in  its  nature  not  provable  against  the  estate  ;  provided, 
that  no  set-off  shall  be  allowed  in  favor  of  any  debtor  to  the  bank- 
rupt of  a  claim,  purchased  by  or  transferred  to  him  after  the  filing 
of  the  petition.  When  a  creditor  has  a  mortgage  or  pledge  of  real 
or  personal  property  of  the  bankrupt,  or  a  lien  thereon  for  securing 
the  payment  of  a  debt  owing  to  him  from  the  bankrupt,  he  shall  be 
admitted  as  a  creditor  only  for  the  balance  of  the  debt  after  deduct- 
ing the  value  of  such  property,  to  be  ascertained  by  agreement 
between  him  and  the  assignee,  or  by  a  sale  thereof,  to  be  made  in 
such  manner  as  the  court  shall  direct ;  or  the  creditor  may  release 
or  convey  his  claim  to  the  assignee  upon  such  property,  and  be  ad- 
mitted to  prove  his  whole  debt.  If  the  value  of  the  property  exceeds 
the  sum  for  which  it  is  so  held  as  security,  the  assignee  may  release 
to  the  creditor  the  bankrupt's  right  of  redemption  therein  on 
receiving  such  excess  ;  or  he  may  sell  the  property,  subject  to  the 
claim  of  the  creditor  thereon  ;  and  in  either  case  the  assignee  and 
creditor,  respectively,  shall  execute  all  deeds  and  writings  necessary 
or  proper  to  consummate  the  transaction.  If  the  property  is  not  so 
sold  or  released  and  delivered  up,  the  creditor  shall  not  be  allowed 
to  prove  any  part  of  his  debt; 

SEC.  21.  And  be  it  further  enacted,  That  no  creditor  proving  his 
debt  or  claim  shall  be  allowed  to  maintain  any  suit  at  law  or  in 
equity  therefor  against  the  bankrupt,  but  shall  be  deemed  to  have 
waived  all  right  of  action  and  suit  against  the  bankrupt,  and  all 
proceedings  already  commenced,  or  unsatisfied  judgments  already 
obtained  thereon,  shall  be  deemed  to  be  discharged  and  surrendered 
thereby ;  and  no  creditor  whose  debt  is  provable  under  this  act 
shall  be  allowed  to  prosecute  to  final  judgment  any  suit  at  law  or 
in  equity  therefor  against  the  bankrupt,  until  the  question  of  the 
debtor's  discharge  shall  have  been  determined ;  and  any  such  suit 
or  proceedings  shall,  upon  the  application  of  the  bankrupt,  be 
stayed  to  await  the  determination  of  the  Court  in  Bankruptcy  on 
the  question  of  the  discharge,  provided  there  be  no  unreasonable 
delay  on  the  part  of  the  bankrupt  in  endeavoring  to  obtain  his  dis- 
charge, and  provided,  also,  that  if  the  amount  due  the  creditor  is  in 
dispute,  the  suit,  by  leave  of  the  Court  in  Bankruptcy,  may  proceed 
to  judgment  for  the  purpose  of  ascertaining  the  amount  due,  which 
amount  may  be  proved  in  bankruptcy,  but  execution  shall  be  stayed 
as  aforesaid.  If  any  bankrupt  shall  at  the  time  of  adjudication,  be 
liable  upon  any  bill  of  exchange,  promissory  note,  or  other  obliga- 
tion in  respect  of  distinct  contracts  as  a  member  of  two  or  more 
firms  canying  on  separate  and  distinct  trades,  and  having  distinct 


GEBTER1.L  BANKRUPT  LAW.  591 

estates  to  be  wound  t»p  in  bankruptcy,  or  as  a  sole  trader  and  also 
RS  a  member  of  :i  firm,  the  circumstance  that  such  firms  are  in 
whole  or  in  part  composed  of  the  same  individuals,  or  that  the  sole 
contractor  is  also  one  of  the  joint  contractors,  shall  not  prevent 
proof  and  receipt  of  dividend  in  respect  of  such  distinct  contracts 
against  the  estates  respectively  liable  upon  such  contracts. 

SEC.  22.  And  be  it  further  enacted.  That  all  proofs  of  debts  against 
the  estate  of  the  bankrupt,  by  or  in  behalf  of  creditors  residing 
within  the  judicial  district  where  the  proceedings  in  bankruptcy  ar* 
pending,  shall  be  made  before  one  of  the  registers  of  the  court  in 
said  district,  and  by  or  in  behalf  of  non-resident  creditors  before  any 
register  in  bankruptcy  in  the  judicial  district  wkere  such  creditors 
or  either  of  them  reside,  or  before  any  Commissioner  of  the  Circuit 
Court  authorized  to  administer  oaths  in  any  district.  To  entitle  a 
claimant  against  the  estate  of  a  bankrupt  to  have  his  demand 
allowed,  it  must  be  verified  by  a  deposition  in  writing  on  oath  or 
solemn  affirmation  before  the  proper  register  or  commissioner  setting 
forth  the  demand,  the  consideration  thereof,  whether  any  and  what 
securities  are  held  therefor,  and  whether  any  and  what  payments  have 
been  made  thereon ;  that  tlie  sum  claimed  is  justly  due  from  the 
bankrupt  to  the  claimant ;  that  the  claimant  has  not,  nor  has  any 
other  person,  for  his  use,  received  any  security  or  satisfaction  what- 
ever other  than  by  him  set  forth  ;  that  the  claim  was  not  procured 
for  the  purpose  of  influencing  the  proceedings  under  this  act,  and 
that  no  bargain  or  agreement,  expressed  or  implied,  has  been  made 
or  entered  into,  by  or  on  behalf  of  such  creditor,  to  sell,  transfer  or 
dispose  of  the  said  claim,  or  any  part  thereof,  against  such  bankrupt, 
or  take  or  receive,  directly  or  indirectly,  any  money,  property  or 
consideration  whatever,  whereby  the  vote  of  such  creditor  for  as- 
signee, or  any  action  on  the  part  of  such  creditor  or  any  other 
person  in  the  proceedings  under  this  act,  is  or  shall  be  in  any  way 
affected,  influenced  or  controlled,  and  no  claim  shall  be  allowed  un- 
less all  the  statements  set  forth  in  such  deposition  shall  appear  to 
be  true.  Such  oath  or  solemn  affirmation  shall  be  made  by  the 
claimant,  testifying  of  his  own  knowledge,  unless  Le  is  absent  from 
the  United  States  or  prevented  by  some  other  good  cause  from  tes- 
tifying, in  which  cases  the  demand  may  be  verified  in  like  manner 
by  the  attorney  or  authorized  agent  of  the  complainant  testifying 
to  the  best  of  his  knowledge,  information  and  belief,  amd  setting 
"orth  his  means  of  knowledge ;  or  if  in  a  foreign  country,  the  oath 
of  the  creditor  may  be  taken  before  any  minister,  consul  or  vice 
consul  of  the  United  States  ;  and  the  Court  may,  if  it  shall  see  fit, 
require  or  receive  further  pertinent  evidence,  either  for  or  against 
the  admission  of  the  claim.  Corporations  may  verify  their  claims 
by  the  oath  or  solemn  affirmation  of  their  president,  casliier  oj 
treasurer.  If  the  proof  is  satisfactory  to  the  Register  or  Commis- 
sioner, ifc  shall  be  signed  by  the  deponent,  and  delivered  or  sent  by 
mail  to  the  assignee,  who  shall  examine  the  same  and  compare  i. 
with  the  books  and  accounts  of  the  bankrupt,  and  shall  register,  ia 
a  book  to  be  kept  by  him  for  that  purpose,  the  names  of  creditor! 
who  have  proved  their  claims,  in  the  order  in  which  such  proof  if 
received,  stating  the  time  of  receipt  of  eucli  proof,  and  tbe  amounl 


592  GENEKAL   BAITCEUPT  LAW. 

and  nature  of  the  debts,  which  books  shall  be  open  to  the  inspeo 
tion  of  all  the  creditors.  The  Court  may,  on  the  application  of  the 
assignee,  or  of  any  creditor,  or  of  the  bankrupt,  or  without  any  ap- 
plication, examine  upon  oath  the  bankrupt,  or  any  person  tendering 
or  who  has  made  proof  of  claims,  and  may  summon  any  person 
capable  of  giving  evidence  concerning  such  proof,  or  concerning  the 
debt  sought  to  be  proved,  and  shall  reject  all  claims  not  duly  proved, 
or  where  the  proof  shows  the  claim  to  be  founded  in  fraud,  illegality 
or  mistake. 

SEC.  23.  And  be  it  further  enacted,  That  when  a  claim  is  pre- 
sented for  proof  before  the  election  of  the  assignee,  and  the  Judge 
entertains  doubts  of  its  validity  or  of  the  right  of  the  creditor  to 
prove  it,  and  is  of  opinion  that  such  validity  or  right  ought  to  be 
investigated  by  the  assignee,  he  may  postpone  the  proof  of  the 
claim  until  the  assignee  is  chosen.  Any  person  who,  after  the  ap- 
proval of  this  act,  shall  have  accepted  any  preference,  having  rea- 
sonable cause  to  believe  that  the  same  was  made  or  given  by  the 
debtor,  contrary  to  any  provision  of  this  act,  shall  not  prove  the 
debt  or  claim  on  account  of  which  the  preference  was  made  or 
given,  nor  shall  he  receive  any  dividend  therefrom  until  he  shall 
first  have  surrendered  to  the  assignee  all  property,  money,  benefit 
or  advantage  received  by  him  under  such  preference.  The  Court 
shall  allow  all  debts  duly  proved,  and  shall  cause  a  list  thereof  to 
be  made  and  certified  by  one  of  the  registers  ;  and  any  creditor  may 
act  at  all  meetings  by  his  duly  constituted  attorney  the  same  as 
though  personally  present. 

SEC.  24.  And  be  it  further  enacted,  That  a  supposed  creditor  who 
takes  an  appeal  to  the  Circuit  Court  from  the  decision  of  the  Dis- 
trict Court  rejecting  his  claim,  in  whole  or  in  part,  shall,  upon  en- 
tering his  appeal  in  the  Circuit  Court,  file  in  the  clerk's  office  thereof 
a  statement  in  writing  of  his  claim,  setting  forth  the  same,  substan- 
tially, as  in  a  declaration  for  the  same  cause  of  action  at  law,  and 
the  assignee  shall  plead  or  answer  thereto  in  like  manner,  and  like 
proceedings  shall  thereupon  be  had  in  the  pleadings,  trial  and  de- 
termination of  the  cause,  as  in  an  action  at  law  commenced  and 
prosecuted,  in  the  usual  manner,  in  the  courts  of  the  United  State* 
except  that  no  execution  shall  be  awarded  against  the  assignee  for 
the  amount  of  a  debt  found  due  to  the  creditor.  The  final  judgment 
of  the  court  shall  be  conclusive,  and  the  list  of  debts  shall,  if  neces- 
sary, be  altered  to  conform  thereto.  The  party  prevailing  in  the 
suit  shall  be  entitled  to  costs  against  the  adverse  party,  to  be  taxed 
and  recovered  as  in  suits  at  law ;  if  recovered  against  the  assignee 
they  shall  be  allowed  out  of  the  estate.  A  bill  of  exchange,  promis- 
sory note,  or  other  instrument,  used  in  evidence  upon  the  proof  of  a 
claim,  and  left  in  court,  or  deposited  in  the  clerk's  office,  may  be  de- 
livered, by  the  register  or  clerk  having  the  custody  thereof,  to  the 
person  who  used  it,  upon  his  filing  a  eopy  thereof,  attested  by  the 
clerk  of  the  court,  who  shall  endorse  upon  it  the  name  of  the  party 
against  whose  estate  it  has  been  proved  and  the  da&>  and  amount  of 
any  dividsnd  declared  thereon. 


GENERAL   BANE.RUTT  LAW.  593 


OF  PJIOPERTY  PERISHABLE  AND  IN  DISPUTE. 

SEC.  25.  And  be  it  further  enacted,  That  when  it  appears  to  the 
satisfaction  of  the  court  that  the  estate  of  the  debtor,  or  any  part 
thereof,  is  of  a  perishable  nature,  or  liable  to  deteriorate  in  value, 
the  court  may  order  the  same  to  be  sold,  in  such  manner  as  may  bf 
deemed  most  expedient  under  the  direction  of  the  register  or  as 
Bignce,  a?  the  case  may  be,  who  shall  hold  the  funds  received  in 
place  of  the  estate  disposed  of;  and  whenever  it  appears  to  the  sat- 
isfaction of  the  court  that  the  title  to  any  portion  of  an  estate,  real 
or  personal,  which  has  come  into  the  possession  of  the  assignee,  or 
which  is  claimed  by  him,  is  in  dispute,  the  court  may,  upon  the  pe- 
tition of  the  assignee,  and  after  such  notice  to  the  claimant,  hi." 
agent  or  attorney,  as  the  court  shall  deem  reasonable,  order  it  to  l>e 
sold,  under  the  direction  of  the  assignee,  who  shall  hold  the  funds 
received  in  place  of  the  estate  disposed  of;  and  the  proceeds  of  the 
sale  shall  be  considered  the  measure  of  the  value  of  the  property  in 
any  suit  or  controversy  between  the  parties  in  any  courts.  But  this 
provision  shall  not  prevent  the  recovery  of  the  property  from  the 
possession  of  the  assignee  by  any  proper  action  commenced  at  any 
time  before  the  court  orders  the  sale. 

EXAMINATION  OF  BANKRUPTS. 

SEC.  26.  And  be  it  further  enacted,  That  the  court  may,  on  the 
application  of  the  assignee  in  bankruptcy,  or  of  any  creditor,  or 
without  any  application,  at  all  times  require  the  bankrupt,  upon 
reasonable  notice,  to  attend  and  submit  to  an  examination,  on  oath, 
upon  all  matters  relating  to  the  disposal  or  condition  of  his  property, 
to  his  trade  and  dealings  with  others,  and  his  accounts  concerning 
the  same,  to  all  debts  due  to  or  claimed  from  -him,  and  to  all  other 
matters  concerning  his  property  and  estate,  and  the  due  settlement 
thereof  according  to  law,  which  examination  shall  be  in  writing, 
and  shall  be  signed  by  the  bankrupt  and  filed  with  the  other  pro- 
ceedings ;  and  the  court  may,  in  like  manner,  require  the  attendance 
of  any  other  person  as  a  witness,  and  if  such  person  shall  fail  to  at- 
tend on  being  summoned  thereto,  the  court  may  compel  his  attend- 
ance by  warrant  directed  to  the  Marshal,  commanding  him  to  arresi 
such  person  and  bring  him  forthwith  before  the  court,  or  before  a 
register  in  bankruptcy,  for  examination  as  such  witness.  If  the 
bankrupt  is  imprisoned,  absent  or  disabled  from  attendance,  the 
sourt  may  order  him  to  be  produced  by  the  jailor,  or  any  officer  in 
whose  custody  he  may  be,  or  may  direct  the  examination  to  be  had, 
iaken  and  certified,  at  such  time  and  place  and  in  such  manner  as 
the  court  may  deem  proper,  and  with  like  effect  as  if  such  examina- 
tion had  been  had  in  court.  The  bankrupt  shall  at  all  times,  until 
his  discharge,  be  subject  to  the  order  of  the  court,  and  shall,  at  the 
expense  of  the  estate,  execute  all  proper  writings  and  instruments, 
and  do  and  perform  all  acts  required  by  the  court  touching  the  as- 
signed property  or  estate,  and  to  enable  the  assignee  to  demand,  re- 
cover and  receive  all  the  property  and  estate  assigned,  where  vex 
situated ;  and  for  neglect  or  refusal  to  obey  any  order  of  the  court, 
nock  bankrupt  may  be  committed  an(?  punished  for  a  contempt  of 


594  GENERAL   BANKRUPT  LAW. 

court.  If  the  bankrupt  is  without  the  district  and  unable  to  return 
and  personally  attend  at  any  of  the  times  or  do  any  of  the  acts 
which  may  be  specified  or  required  pursuant  to  this  section,  and  if 
it  appears  that  such  absence  was  not  caused  by  willful  default,  and 
If,  as  soon  as  may  be  *fter  the  removal  of  such  impediment,  he  offers 
to  attend  and  submit  to  the  order  of  the  court  in  all  respects,  he 
shall  be  permitted  to  do  so,  with  like  effect  as  if  he  had  not  been  in 
default.  He  shall  also  be  at  liberty  from  time  to  time,  upon  oath,  to 
amend  and  correct  his  schedule  of  creditors  and  property,  so  that 
the  same  shall  conform  to  the  facts. 

For  good  cause  shown,  the  wife  of  any  bankrupt  may  be  required 
to  attend  before  the  court,  to  the  end,  that  she  may  be  examined  as 
a  witness ;  and  if  such  wife  do  not  attend  at  the  time'  and  place 
specified  in  the  order,  the  bankrupt  shall  not  be  entitled  to  a  dis- 
charge unless  he  shall  prove  to  the  satisfaction  of  the  court  that  he 
was  unable  to  procure  the  attendance  of  his  wife.  No  bankrupt 
shall  be  liable  to  arrest  during  the  pendency  of  the  proceedings  in 
•bankruptcy  in  any  civil  action,  unless  the  same  is  founded  on  some 
debt  or  claim  from  which  his  discharge  in  bankruptcy  would  not  ro 
lease  Mm. 

OF  THE  DISTRIBUTION   OP   TXE  BANKRUPT'S    ESTATE. 

SEC.  27.  And  be  it  further  enacted,  That  all  creditors  whose  debta 
are  duly  proved  and  allowed  shall  be  entitled  to  share  in  the  bank 
rupt's  property  and  estate  pro  rata,  without  any  priority  or  prefer 
ence  whatever,  exept  that  wages  due  from  him  to  any  operative  or 
clerk,  or  house  servant,  to  an  amount  not  exceeding  $50,  for  labor 
performed  within  six  months  next  preceding  the  adjudication  of 
bankruptcy,  shall  be  entitled  to  priority,  and  shall  be  first  paid  in 
full ;  provided  that  any  debt  proved  by  any  person  liable  as  bail, 
surety,  guarantor  or  otherwise,  for  the  bankrupt  shall  not  be  paid 
to  the  person  so  proving  the  same  until  satisfactory  evidence  shall 
be  produced  of  the  payment  of  such  debt  by  such  person  so  liable, 
and  the  share  to  which  such  debt  would  be  entitled  may  be  paid 
into  court  or  otherwise  held  for  the  benefit  of  the  party  entitled 
thereto,  as  the  court  may  direct.  At  the  expiration  of  three  months 
from  the  date  of  the  adj  udication  of  bankruptcy  in  any  case,  or  so 
much  earlier  as  the  court  may  direct,  the  court,  upon  request  of  the 
assignee,  shall  call  a  general  meeting  of  the  creditors,  of  which  due 
notice  shall  be  given,  and  the  assignee  shall  then  report,  and  exhi- 
bit to  the  court  and  to  the  creditors  just  and  true  accounts  of  all  his 
receipts  and  payments,  verified  by  his  oath,  and  he  shall  also  pro- 
duce and  file  vouchers  for  all  payments  for  which  vouchers  shall  bo 
required  by  any  rule  of  the  court ;  he  shall  also  submit  the  schedule 
of  the  bankrupt's  creditors  and  property  as  amended,  duly  verified 
by  the  bankrupt,  and  a  statement  of  the  whole  estate  of  the  bank- 
rupt as  then  ascertained,  of  the  property  recovered  and  of  the  pro- 
perty outstanding,  specifying  the  cause  of  its  bsing  outstanding ;  also 
what  debts  or  claims  are  yet  undetermined,  and  stating  what  sum 
remains  in  his  hands.  At  such  meeting  the  majority  in  value  cf  the 
creditors  present  shall  determine  whether  any  and  what  part  of  th« 
net  proceeds  of  the  estate,  after  deducting  and  retaining  a  gum  "uffi 


GENERAL   BANKRUPT  LAW.  595 

dent  to  provide  for  all  undetermined  claims,  which  "by  reason  of  the 
distant  residence  of  the  creditor,  or  for  other  sufficient  reason,  havo 
not  been  proved,  and  for  other  expenses  and  contingencies,  shall  be 
divided  among  the  creditors ;  but  unless  at  least  one  half  in 
value  of  the  creditors  shall  attend  such  meeting,  either  in  person  or 
by  attorney,  it  shall  be  the  duty  of  the  assignee  so  to  determine.  In 
case  a  dividend  is  ordered,  the  register  shall,  within  ten  days  after 
such  meeting,  prepare  a  list  of  creditors  entitled  to  dividend,  and 
shall  calculate  and  set  opposite  to  the  name  of  each  creditor  who  has 
proved  his  claim  the  dividend  to  which  he  is  entitled  out  of  the  net 
proceeds  of  the  estate  set  apart  for  dividend,  and  shall  forward  by 
mail  to  every  creditor  a  statement  of  the  dividend  to  which  is  en- 
titled, and  such  creditor  shall  be  paid  by  the  assignee  in  such  man 
ner  as  the  court  may  direct. 

SEO.  28.  And  be  it  further  exacted,  That  the  like  proceedings 
shall  be  had  at  the  expiration  of  the  next  three  months,  or  earlier 
if  practicable,  and  a  third  meeting  of  the  creditors  shall  then  bo 
called  by  the  court  and  a  final  dividend  then  declared,  unless  any 
action  at  law  or  suit  in  equity  be  pending,  or  unless  some  other  estate 
or  effects  of  the  debtor  afterward  come  to  the  hands  of  the  assignee, 
in  which  case  the  assignee  shall,  as  soon  as  may  be,  convert  such 
estate  or  effects  into  money,  and  within  two  months  after  the 
same  shall  be  so  converted  the  same  shall  be  divided  in  manner 
aforesaid.  Further  dividends  shall  be  made  in  like  manner  as  often 
as  occasion  requires ;  and  after  the  third  meeting  of  creditors  no 
further  meeting  shall  be  called,  unless  ordered  by  the  court.  If  at 
any  time  there  shall  be  in  the  hands  of  the  assignee  any  outstanding 
debts  or  other  property  due  or  belonging  to  the  estate,  which  cannot 
be  collected  and  received  by  the  assignee  without  unreasonable  or 
inconvenient  delay  or  expense,  the  assignee  may,  under  the  direc- 
tion of  the  court,  sell  and  assign  such  debts  or  other  property  in 
such  manner  as  the  court  shall  order.  No  dividend  already  declared 
shall  be  disturbed  by  reason  of  debts  being  subsequently  proved, 
but  the  creditor  proving  such  debt  shall  be  entitled  to  a  dividend 
equal  to  those  already  received  by  the  other  creditors  before  any 
further  payment  is  made  to  the  latter.  Preparatory  to  the  final 
dividend  the  assignee  shall  submit  his  account  to  the  court  and  file 
the  same,  and  give  notice  to  the  creditors  of  such  filing,  and  shall 
also  give  notice  that  he  will  apply  for  a  settlement  of  his  account  and 
for  a  discharge  from  all  liability  as  assignee  at  a  time  to  be  specified 
in  such  notice,  and  at  such  time  the  court  shall  audit  and  pass  the 
accounts  of  the  assignee  ;  and  such  assignee  shall,  if  required  by  the 
court,  be  examined  as  to  the  truth  of  such  account,  and  if  found  cor- 
rect he  shall  thereby  bo  discharged  from  all  liability  as  assignee  to 
any  creditor  of  the  bankrupt.  The  court  shall  thereupon  order  a 
dividend  of  the  estate  and  effects,  or  of  such  part  thereof  as  it  sees 
fit,  among  such  of  the  creditors  as  have  proved  their  claims,  in  pro- 
portion to  the  respective  amount  of  their  said  debts.  In  addition  to 
al1  expenses  necessarily  incurred  by  him  in  the  execution  of  his  truit 
in  any  case,  the  assignee  shall  be  eL titled  to  an  allowance  for  his 
services  in  such  case  on  all  moneys  received  and  paid  out  by  him 
therein,  for  any  sum  not  exceeding  one  thousand  dollars,  five  per 


596  GENERAL  BANKRUPT  LAW. 

centum  tliereon ;  for  any  larger  sum,  not  exceeding  five  thousand 
dollars,  two  and  a  half  per  centum  on  the  excess  over  one  thousand 
dollars ;  and  for  any  larger  sum,  one  per  centum  on  the  excess  over 
five  thousand  dollars ;  and  if  at  any  time  there  shall  not  be  in  his 
hands  a  sufficient  amount  of  money  to  defray  the  necessary  expen- 
ses required  for  the  further  execution  of  his  trust,  he  shall  not  be 
obliged  to  proceed  therein  until  the  necessary  funds  are  advanced 
or  satisfactorily  secured  to  him.  If,  by  accident,  mistake  or  other 
cause,  without  fault  of  the  assignee,  either  or  both  of  the  said  se- 
cond and  third  meetings  should  not  be  held  within  the  times  limi-- 
ted,  the  court  may,  upon  motion  of  an  interested  party,  order  such 
meetings,  with  like  effect  as  to  the  validity  of  the  proceedings  as 
if  the  meeting  had  besn  duly  held.  In  the  order  for  a  dividend 
under  this  section  the  following  claims  shall  be  entitled  to  priority 
or  preference,  and  to  be  first  paid  in  full  in  the  following  order : — 

First — The  fees,  costs  and  expenses  of  suits,  and  the  several  pro- 
ceedings in  bankruptcy  under  this  act,  and  for  the  custody  of  prop- 
erty, as  herein  provided. 

Second — All  debts  due  to  the  United  States,  and  all  taxes  and 
assessments  under  the  laws  thereof. 

Third — All  debts  due  to  the  State  in  which  the  proceedings  in 
bankruptcy  are  pending,  and  all  taxes  and  assessments  made  under 
the  laws  of  such  State. 

Fourth — Wages  due  to  any  operator,  clerk  or  house-servant,  to  an 
amount  not  exceeding  $50,  labor  performed  within  six  months  next 
preceding  the  first  publication  of  the  notice  of  proceedings  in  bank- 
ruptcy. 

Fifth — All  debts  due  .to  any  person  who,  by  the  laws  of  the  United 
States  are,  or  may  be,  entitled  to  a  priority  or  preference,  in  like 
manner  as  if  this  act  had  not  been  passed  ;  always  provided,  that 
nothing  contained  in  this  act  shall  interfere  with  the  assessment 
and  collection  of  taxes  by  the  authority  of  the  United  States  or  any 

State 

OF  THE  BANKRUPT'S  DISCHARGE  AND  ITS  EFFECT. 

SEC.  29.  And  be  it  further  enacted,  That  at  any  time  after  the 
expiration  of  six  months  from  the  adjudication  of  bankruptcy,  or  if 
no  debts  have  been  proved  against  the  bankrupt,  or  if  no  assets 
have  come  to  the  hands  of  the  assignee,  at  any  time  after  the  ex- 
piration of  sixty  days  and  within  one  year  from  the  adjudication  of 
bankruptcy,  the  bankrupt  may  apply  to  the  court  for  a  discharge 
from  his  debts,  and  the  court  shall  thereupon  order  notice  to  be 
given  by  mail  to  all  creditors  who  have  proved  their  debts,  and  by 
publication  at  least  once  a  week  in  such  newspapers  as  the  court 
shall  designate,  due  regard  being  had  to  the  general  circulation  of 
the  same  in  the  district,  or  in  that  portion  of  the  district  in  which 
the  bankrupt  and  his  creditors  shall  reside,  to  appear  on  a  day 
appointed  for  that  purpose,  and  show  cause  why  a  discharge  should 
not  be  granted  to  the  bankrupt.  No  discharge  shall  be  granted,  or, 
if  granted,  be  valid  if  the  bankrupt  has  willfully  sworn  falsely  in 
his  affidavit  annexed  to  his  pecition,  schedule  or  inventory  or  upon 
any  examination  in  the  course  of  the  proceedings  in  bankruptcy,  ia 


GENERAL   BANKRUPT   LAW.  597 

relation  to  any  material  facts  concerning  his  estate  or  Iris  debts,  or 
to  any  other  material  fact,  or  if  he  has  concealed  any  part  of  hia 
estate  or  effects,  or  any  books  or  writings  relating  thereto,  or  if  he 
has  been  guilty  of  any  fraud  or  negligence  in  the  care,  custody  or 
delivery  to  the  assignee  of  the  property  belonging  to  him  at  the 
time  of  che  presentation  of  his  petition  and  inventory,  excepting 
such  property  as  he  is  permitted  to  retain  under  the  provisions  of 
this  act,  or  if  he  has  caused,  permitted  or  suffered  any  loss,  waste  or 
destruction  thereof;  or  if,  within  four  months  before  the  commence- 
ment of  such  proceedings,  he  has  procured  his  lands,  goods,  money 
or  chattels  to  be  attached,  sequestered  or  seized  on  execution ;  or  if, 
since  the  passage  of  this  act,  he  has  destroyed,  mutilated,  altered 
or  falsified  any  of  his  books,  documents,  papers,  writings  or  securi- 
ties or  has  made,  or  been  privy  to  the  making,  of  any  false  or  fraud- 
ulent entry  in  any  book  of  account  or  other  document,  with  intent 
to  defraud  his  creditors  ;  or  has  removed,  or  caused  to  be  removed, 
any  part  of  his  property  from  the  district,  with  intent  to  defraud 
his  creditors  ;  or  if  he  has  given  any  fraudulent  preference  contrary 
to  the  provisions  of  this  act,  or  made  any  fraudulent  payment,  gift 
transfer,  conveyance  or  assignment  of  any  part  of  his  property,  or 
has  lost  any  part  thereof  in  gaming,  or  has  admitted  a  false  or  fic- 
titious debt  against  his  estate ;  or  if,  having  knowledge  that  any 
person  has  proved  such  false  or  fictitious  debt,  he  has  not  disclosed 
the  same  to  his  assignee  within  one  month  after  such  knowledge  ; 
or  if,  being  a  merchant  or  tradesman,  he  has  not,  subsequently  to 
the  passage  of  this  act,  kept  proper  books  of  account ;  or  if  he,  or 
any  person  in  his  behalf,  has  procured  the  assent  of  any  creditor  to 
his  discharge,  or  influenced  the  action  of  any  creditor  at  any  stage 
of  the  proceedings,  by  any  pecuniary  consideration  or  obligation ; 
or  if  he  has,  in  contemplation  of  becoming  bankrupt,  made  any 
pledge,  payment,  transfer,  assignment  or  conveyance  of  any  part  of 
his  property,  directly  or  indirectly,  absolutely  or  conditionally,  for 
the  purpose  of  preferring  any  creditor  or  person  having  a  claim 
against  him,  or  who  is,  or  may  be,  under  liability  for  him,  or  for  the 
purpose  of  preventing  the  property  from  coming  into  the  hands  of 
the  assignee,  or  of  being  distributed  under  this  act  in  satisfaction 
of  his  debts  ;  or  if  he  has  been  convicted  of  any  misdemeanor  under 
this  act,  or  has  been  guilty  of  any  fraud  whatever  contrary  to  the 
true  intent  of  this  act ;  and  before  any  discharge  is  granted,  the 
bankrupt  shall  take  and  subscribe  an  oath  to  the  effect  that  he  has 
not  done,  suffered  or  been  privy  to  any  act,  matter  or  thing  specified 
in  this  act,  as  a  ground  for  withholding  such  discharge,  or  as  invali- 
dating such  discharge,  if  granted. 

SEC.  30.  And  be  it  further  enacted,  That  no  person  who  shall  have 
been  discharged  under  this  act,  and  shall  afterward  become  bank- 
rupt, on  his  own  application  shall  be  again  entitled  to  a  discharge 
whose  estate  is  insufficient  to  pay  seventy  per  centum  of  the  debts 
proved  against  it,  unless  the  assent  in  writing  of  three-fourths  in 
value  of  his  creditors  who  have  proved  their  claims,  is  filc'l  at  or  be- 
fore the  time  of  application  for  discharge ;  but  a  bankrupt  who  shall 
prove  to  the  satisfaction  of  the  court  that  he  has  paid  all  the  debta 
owing  by  him  at  the  time  of  any  previous  bankruptcy,  or  who  has 
been  voluntarily  released  therefrom  by  his  creditors,  shall  be  entitled 


598  GENERAL   BANKRUPT   LA.W. 

to  a  discharge  in  the  same  manner  and  with,  the  same  effect  as  If 
lie  had  not  previously  been  bankrupt. 

SEC.  81.  And  be  it  further  enacted,  That  any  creditor  opposing 
the  discharge  of  any  bankrupt  may  file  a  specification  in  writing  on 
the  grounds  of  his  opposition,  and  the  court  may,  in  its  discretion, 
order  any  question  of  fact  so  presented  to  be  tried  at  a  stated  ses- 
sion of  the  District  Court. 

SEC.  32.  And  be  it  further  enacted,  That  if  it  shall  appear  to  tho 
court  that  the  bankrupt  has  in  all  things  conformed  to  his  duty  un- 
der this  act,  and  that  he  is  entitled,  under  the  provisions  thereof,  to 
receive  a  discharge,  the  court  shall  grant  him  a  discharge  from  all 
his  debts  except  as  hereinafter  provided,  and  shall  give  him  a  cer 
tificate  thereof  under  the  seal  of  the  court,  in  substance  as  follows : 

DISTIUCT  COURT  OF  THE  UNITED  STATES — DISTRICT  OP  . 

Whereas has  been  duly  adjudged  a  bankrupt  under  the  act  of 

Oongress  establishing  a  uniform  system  of  bankruptcy  throughout 
the  United  States,  and  appears  to  have  conformed  to  all  the  require- 
ments of  law  in  that  behalf,  it  is  therefore  ordered  by  the  court  that 

said be  forever  discharged  from  all  debts  and  claims  which  by 

said  act  are  made  provable  against  his  estate,  and  which  existed  on 

the day  of ,  on  which  day  the  petition  for  adjudication  was 

filed  by  (or  against)  him ;  excepting  such  debts,  if  any,  as  are  by 
said  act  excepted  from  the  operation  of  a  discharge  in  bankruptcy. 

Given  under  my  hand  and  the  seal  of  the  court,  at ,  in  the  said 

district,  this day  of ,  A.  D. . . ,  Judge. 

SBC.  33.  And  be  it  further  enacted,  That  no  debt  created  by  the 
fraud  or  embezzlement  of  the  bankrupt,  or  by  his  defalcation  as  a 
public  officer,  or  while  acting  in  any  fiduciary  character,  shall  be 
discharged  under  this  act ;  but  the  debt  may  be  proved,  and  the 
dividend  thereon  shall  be  a  payment  on  account  of  said  debt ;  and 
no  discharge  granted  under  this  act  shall  release,  discharge  or  affect 
any  person  liable  for  the  same  debt  for  or  with  the  bankrupt,  either 
as  partner,  joint  contractor,  endorser,  surety  or  otherwise.  [And  in 
all  proceedings  in  bankruptcy,  commenced  after  the  first  day  of 
January,  1889,  no  discharge  shall  be  granted  to  a  debtor  whoso 
assets  do  not  pay  fifty  per  centum  of  the  claims  against  his  estate, 
upon  which  he  shall  be  liable  as  the  principal  debtor,  unless  the 
assent  in  writing  of  a  majority  in  number  and  value  of  his  creditors, 
to  whom  he  shall  have  been  liable  as  principal  debtor,  and  who 
shall  have  proved  their  claims,  be  filed  in  the  case  at  or  before  tho 
time  of  the  hearing  of  the  application  for  discharge.] 

SEC.  34.  And  be  it  further  enacted.  That  a  discharge  duly  granted 
under  this  act  shall,  with  the  exceptions  aforesaid,  release  the  bank- 
rupt from  all  debts,  claims,  liabilities  and  demands  which  were  or 
might  have  been  proved  against  his  estate  in  bankruptcy,  and  may 
be  pleaded,  by  a  simple  averment  that  on  the  day  of  its  date  such 
discharge  was  granted  to  him,  setting  the  same  forth  in  hoc  verba, 
as  a  full  and  complete  bar  to  all  suits  brought  on  any  such  debts, 
claims,  liabilities  or  demands,  and  the  certificate  shall  be  conclusive 
evidence  in  favor  of  such  bankrupt  of  the  fact  and  the  regularity  of 
such  discharge ;  always  provided  that  any  creditor  or  creditors  of  said 
bankrupt,  whose  debt  was  proved  or  provable  against  tho  estate  in 


GENERAL   BANKRUPT  LAW.  599 

bankruptcy,  who  shall  see  fit  to  contest  the  validity  of  said  discharge 
on  the  ground  that  it  was  fraudulently  obtained,  may,  at  any  time 
within  two  years  after  the  date  thereof,  apply  to  the  court  which 
granted  it  to  set  aside  and  annul  the  same.  Sa'id  application  shall 
be  in  writing,  shall  specify  which  in  particular  of  the  several  acts 
mentioned  in  section  29  it  is  intended  to  give  evidence  of  against 
the  bankrupt,  setting  forth  the  grounds  of  avoidance,  and  no  evi- 
dence shall  be  admitted  as  to  any  other  of  the  said  acts  ;  but  said 
application  shall  be  subject  to  amendment  at  the  discretion  of  the 
court.  The  court  shall  cause  reasonable  notice  of  said  application 
to  be  given  to  said  bankrupt,  and  order  him  to  appear  and  answer 
the  same  within  such  time  as  to  the  court  shall  seem  fit  and  proper. 
If,  upon  the  hearing  of  said  parties,  the  court  shall  find  that  the 
fraudulent  acts  or  any  of  them  set  forth  as  aforesaid  by  said  credit- 
or or  creditors  against  the  bankrupt  are  proved,  and  that  said  cred- 
itor or  creditors  had  no  knowledge  of  the  same  until  after  the  grant- 
ing  of  said  discharge,  judgment  shall  be  given  in  favor  of  said 
creditor  or  creditors,  and  the  discharge  of  said  bankrupt  shall  be  set 
aside  and  annulled.  But  if  said  court  shall  find  that  said  fraudu- 
lent acts  and  all  of  them  set  forth  as  aforesaid  are  not  proved,  or 
that  they  were  known  to  said  creditor  or  creditors  before  the  grant- 
ing of  said  discharge,  then  judgment  shall  be  rendered  in  favor  of 
the  bankrupt,  and  the  validity  of  his  discharge  shall  not  be  affected 
by  said  proceedings. 

PREFERENCES  AJSTD  FRAUDULENT  CONVEYANCES    DECLARED  VOID. 

SEC.  35.  And  be  it  further  enacted,  That  if  any  person,  being  insol 
vent,  or  in  contemplation  of  insolvency,  within  four  months  from 
the  filing  of  the  petition  by  or  against  him,  with  a  view  to  give  a 
preference  to  any  creditor  or  person  having  a  claim  against  him,  or 
who  is  under  any  liability  for  him,  procures  any  part  of  his  property 
to  be  attached,  sequestered  or  seized  on  execution,  or  makes  any 
payment,  pledge,  assignment,  transfer  or  conveyance  of  any  part  of 
his  property  either  directly  or  indirectly,  absolutely  or  conditionally, 
the  person  receiving  such  payment,  pledge,  assignment,  transfer  or 
conveyance  or  to  be  benefited*  thereby  or  by  such  attachment,  having 
reasonable  cause  to  believe  such  person  is  insolvent,  and  that  such 
attachment,  payment,  pledge,  assignment  or  conveyance  is  made  in 
fraud  of  the  provisions  of  this  act,  the  same  shall  be  void,  and  the 
assignee  may  recover  the  property,  or  the  value  of  it,  from  the  per- 
son so  receiving  it  or  so  to  be  benefited  ;  and  if  any  person,  being 
insolvent,  or  in  contemplation  of  insolvency  or  bankruptcy,  within 
six  months  before  the  filing  of  the  petition  by  or  against  him,  makes 
any  payment,  sale,  assignment,  transfer,  conveyance  or  other  dispo- 
sition of  any  part  of  his  property  to  any  person  who  then  has  reas- 
onable cause  to  believe  him  to  be  insolvent,  or  to  be  acting  In  con- 
templation of  insolvency,  and  that  such  payment,  sale,  assignment, 
transfer  or  other  conveyance  is  made  with  a  view  to  prevent  his 
property  from  coming  to  his  assignee  in  bankruptcy,  or  to  prevent 
the  same  from  being  distributed  under  this  act,  or  to  defeat  the  ob- 
ject of,  or  in  any  way  impair,  hinder,  impede  or  delay  the  operation 
and  effect  of,  or  to  evade  any  of  the  provisions  of  this  act,  tnt  sale, 


600  GENERAL   BANKRUPT  LAW. 

assignment,  transfer  or  conveyance  shall  be  void,  and  the  assignee 
may  recover  the  property  or  the  value  thereof  as  the  assets  of  the 
bankrupt.  And  if  such  sale,  assignment,  transfer  or  conveyance  ig 
not  made  in  the  usual  and  ordinary  course  of  business  of  the  debtor, 
the  fact  shall  be  prima  facie  evidence  of  the  fraud.  Any  contract, 
covenant  or  security  made  or  given  by  a  bankrupt  or  other  person 
with,  or  in  trust  for  any  creditor  for  securing  the  payment  of  any 
money  as  a  consideration  for  or  with  intent  to  induce  the  creditor  to 
forbear  opposing  the  application  for  discharge  of  the  bankrupt,  shall 
be  void ;  and  if  any  creditor  shall  obtain  any  sum  of  money  or  other 
goods,  chattels,  or  security  from  any  person  as  an  inducement  for 
forbearing  to  oppose  or  consenting  to  such  application  for  discharge, 
every  creditor  so  offending  shall  forfeit  all  right  to  any  share  or  di 
vidend  in  the  estate  of  the  bankrupt,  and  shall  also  forfeit  double 
the  value  or  amount  of  such  money,  goods,  chattels  or  security  so 
obtained,  to  be  recovered  by  the  assignee  for  the  benefit  of  the  es 
tate. 

BANKRUPTCY  OF   PARTNERSHIPS  AND   OF   CORPORATIONS. 

SEC.  36.  And  be  it  further  enacted,  That  where  two  or  more 
persons  who  are  partners  in  trade  shall  be  adjudged  bankrupt,  either 
on  the  petition  of  such  partners  or  any  one  of  them,  or  on  the 
petition  of  any  creditor  of  the  partners,  a  warrant  shall  issue  in  the 
manner  provided  by  this  act,  upon  which  all  the  joint  stock  and 
property  of  the  copartnership,  and  also  all  the  separate  estate  of  each 
of  the  partners  shall  be  taken,  excepting  such  parts  thereof  as  are 
hereinbefore  excepted ;  and  all  the  creditors  of  the  company,  and  the 
separate  creditors  of  each  partner,  shall  be  allowed  to  prove  their 
respective  debts ;  and  the  assignee  shall  be  chosen  by  the  creditors 
of  the  company,  and  shall  also  keep  separate  accounts  of  the  joint 
stock  and  property  of  the  copartnership  and  of  the  separate  estate 
of  each  member  thereof;  and  after  deducting  out  of  the  whole 
amount  received  by  such  assignee  the  whole  of  the  expenses  and 
disbursements,  the  net  proceeds  of  the  joint  stock  shall  be  appro- 
priated to  pay  the  creditors  of  the  copartnership,  and  the  net 
proceeds  of  the  separate  estate  of  each  partner  shall  be  appropriated 
to  pay  his  separate  creditors ;  and  if  there  shall  be  any  balance  of 
the  separate  estate  of  any  partner,  after  the  payment  of  his  separate 
debts,  such  balance  shall  be  added  to  the  j  oint  stock  for  the  payment 
of  the  joint  creditors  ;  and  if  there  shall  be  any  balance  of  the  joint 
Btock  after  payment  of  the  joint  debts,  such  balance  shall  be  divided 
and  appropriated  to  and  among  the  separate  estates  of  the  several 
partners,  according  to  their  respeciive  right  and  interest  therein,  as 
it  would  have  been  if  the  partnership  had  been  dissolved  without 
any  bankruptcy ;  and  the  sum  so  appropriated  to  the  separate  estate 
of  "each  partner  shall  be  applied  to  the  payment  of  his  separate 
debts ;  and  the  certificate  of  his  discharge  shall  be  granted  or  re 
fused  to  each  partner  as  the  same  would  or  ought  to  be  if  the  pro 
ceedings  had  been  against  him  alone  under  this  act ;  and  in  all 
other  respects  the  proceedings  against  partners  shall  be  conducted 
In  the  like  manner  as  if  they  had  been  commenced  and  prosecuted 
against  one  person  alone.  If  such  copartners  reside  in  different 


GENERAL   BANKRUPT  LAW.  601 

districts,  that  court  in  which  the  petition  is  first  filed  shall  retain 
exclusive  jurisdiction  over  the  case. 

SEC.  37.  And  be  it  further  enacted,  That  the  provisions  of  this  act 
shall  apply  to  all  moneyed,  business  or  commercial  corporations  and 
joint  stock  companies,  and  that  upon  the  petition  of  any  officer  of 
any  such  corporation  or  company,  duly  authorized  by  a  vote  of  a 
majority  of  tke  corporators  present  at  any  legal  meeting  called  foi 
the  purpose,  or  upon  the  petition  of  any  creditor  or  creditors  of  sucli 
corporation  or  company,  made  and  presented  in  the  manner  here- 
tofore provided  in  respect  to  debtors,  the  like  proceedings  shall  ba 
had  and  taken  as  are  hereinafter  provided  in  the  case  of  debtors 
and  all  the  provisions  of  this  act  which  apply  to  the  debtor,  or  set 
forth  his  duties  in  regard  to  furnishing  schedules  and  inventories, 
executing  papers,  submitting  to  examinations,  disclosing,  making 
over,  secreting,  concealing,  conveying,  assigning,  or  paying  away 
his  money  or  property,  shall  in  like  manner,  and  with  like  force, 
effect  and  penalties,  apply  to  each  and  every  officer  of  such  corpora- 
tion or  company  in  relation  to  the  same  matters  concerning  .the 
corporation  or  company,  and  the  money  and  property  thereof.  All 
payments,  conveyances  and  assignments  declared  fraudulent  and 
void  by  this  act  when  made  by  a  debtor,  shall,  in  like  manner,  and 
to  the  like  extent,  and  with  like  remedies,  be  fraudulent  and  void 
when  made  by  a  corporation  or  company.  No  allowance  or  dis- 
charge shall  be  granted  to  any  corporation  or  joint  stock  company, 
or  to  any  person  or  officer  or  member  thereof;  provided,  that 
whenever  any  corporation,  by  proceedings  under  this  act,  shall  bo 
declared  bankrupt,  all  its  property  and  assets  shall  be  distributed  to 
the  'creditors  «f  such  corporation  in  the  manner  provided  in  this  act 
in  respect  to  natural  persons. 

OF  DATES  AND  DEPOSITIONS. 

'  SEC.  38.  And  be  it  further  enacted,  That  the  filing  of  a  petitior 
for  adjudication  in  bankruptcy,  either  by  a  debtor  in  his  own  behaU 
or  by  any  creditor  against  a  debtor,  upon  which  an  order  may  be 
issued  by  the  court,  or  by  a  register  in  the  manner  provided  in  sec- 
tion four,  shall  be  deemed  and  taken  to  be  the  commencement  of 
proceedings  in  bankruptcy  under  this  act ;  the  proceedings  in  all 
cases  of  bankruptcy  shall  be  deemed  matters  of  record,  but  the  same 
shall  not  be  required  to  be  recorded  at  large,  but  shall  be  carefully 
filed,  kept  and  numbered  in  the  office  of  the  clerk  of  the  court,  and 
a  docket  only,  or  short  memorandum  thereof,  kept  in  books  to  ba 
provided  for  that  purpose,  which  shall  be  open  to  public  inspection. 
Copies  of  such  records,  duly  certified  under  the  seal  of  the  court, 
shall,  in  all  cases,  be  prima  facie  evidence  of  the  fact  therein  stated. 
Evidence  or  examinations  in  any  of  the  proceedings  under  this  act 
may  be  taken  before  the  court  o"r  register  in  bankruptcy,  viva  voco 
ir  in  writing,  before  a  Commissioner  of  the  Circuit  Court,  or  by 
affidavit  or  on  commission,  and  the  court  may  direct  a  reference  to 
a  register  in  bankruptcy,  or  other  suitable  person,  to  take  and  cer- 
tify such  examination,  and  may  compel  the  attendance  of  witnesses, 
the  production  of  books  and  papers,  and  the  giving  of  testimony  Ln 
the  same  manner  as  in  suite  in  equity  in  llv  Civ—-'*  • 


602  GENERAL   BANKRUPT   LAW, 


INVOLUNTARY  BANKRUPTCY. 

SEC.  39.  And  be  it  further  enacted,  That  any  person  residing  and 
owing  debts  as  aforesaid,  who,  after  the  passage  of  this  act,  shall 
depart  from  the  State,  district  or  Territory,  of  which  he  is  an  inhabi- 
tant, with  intent  to  defraud  his  creditors,  or,  being  absent,  shall, 
with  such  intent,  remain  absent ;  or  shall  conceal  himself  to  avoid 
the  service  of  legal  process  in  any  action  for  the  recovery  of  a  debt 
or  demand  provable  under  this  act ;  or  shall  conceal  or  remove  any 
of  his  property  to  avoid  its  being  attached,  taken  or  sequestered  on 
legal  process ;  or  shall  make  any  assignment,  gift,  sale,  conveyance 
or  transfer  of  his  estate,  property,  rights  or  credits,  either  within 
the  United  States  or  elsewhere,  with  intent  to  delay,  defraud  or 
hinder  his  creditors  ;  or  who  has  been  arrested  and  held  in  custody 
under  or  by  virtue  of  mesne  process  of  execution,  issued  out  of  any 
court  of  any  State,  district  or  Territory,  within  which  such  debtor 
resides  or  has  property,  founded  upon  a  demand  in  its  nature  prov- 
able against  a  bankrupt's  estate  under  this  act,  and  for  a  sum  ex- 
ceeding one  hundred  dollars,  and  such  process  is  remaining  in  force 
and  not  discharged  by  payment,  or  in  any  other  manner  provided 
by  the  law  of  such  State,  district  or  Territory  applicable  thereto, 
for  a  period  of  seven  days  ;  or  has  been  actually  imprisoned  for 
more  than  seven  days  in  a  civil  action,  founded  on  contract,  for  the 
sum  of  one  hundred  dollars  or  upward  ;  or  who,  being  bankrupt  or 
insolvent,  or  in  contemplation  of  bankruptcy  or  insolvency,  shall 
make  any  payment,  gift,  grant,  sale,  conveyance  or  transfer  of 
money,  or  other  property,  estate,  rights  or  credits,  or  give  any  war 
rant  to  confess  judgment,  or  procure  or  suffer  his  property  to  be 
taken  on  legal  process,  with  intent  to  give  a  preference  to  one  or 
more  of  his  creditors,  or  to  any  person  or  persons  who  are  or  may 
be  liable  to  him  as  endorsers,  bail,  sureties  or  otherwise,  or  with 
the  intent,  by  such  disposition  of  his  property,  to  defeat  or  delay  the 
operation  of  this  act ;  or  who,  being  a  banker,  merchant  or  trader, 
has  fraudulently  stopped  or  suspended  and  not  resumed  payment  of 
his  commercial  paper  within  a  period  of  fourteen  days,  shall  be 
deemed  to  have  committed  an  act  of  bankruptcy,  and,  subject  to  the 
conditions  hereinafter  prescribed,  shall  be  adjudged  a  bankrupt  on 
the  petition  of  one  or  more  of  his  creditors ;  the  aggregate  of  whose 
debts  provable  under  this  act  amount  to  at  least  two  hundred  and 
fifty  dollars,  provided  such  petition  is  brought  within  six  months 
after  the  act  of  bankruptcy  shall  have  been  committed.  And  if 
euch  person  shall  be  adjudged  a  bankrupt,  the  assignee  may  recover 
back  the  money  or  other  property  so  paid,  conveyed,  sold,  assigned 
or  transferred  contrary  to  this  act,  provided  the  person  receiving 
such  payment  or  conveyance  had  reasonable  cause  to  believe  that  a 
fraud  on  this  act  was  intended,  or  that  the  debtor  was  insolvent ; 
and  such  creditor  shall  not  be  allowed  to  prove  his  debt  in  bank- 
ruptcy. 

SEC.  40.  And  be  it  further  enacted,  That  upon  the  filing  of  the 
petition  authorized  by  the  next  preceding  section,  if  it  shall  ap 
pear  that  sufficient  grounds  exist  therefor,  the  court  shall  direct  the 
*nt~y  of  ivn  ordor  ronTiivirv<r  the  drbtor  to  aimear  find  show  rnnso  at 


GENERAL   BANKKUPT   LAW.  603 

a  Court  of  Bankruptcy  to  be  liolden  at  a  time  to  be  specified  in  th« 
order,  not  less  than  five  days  from  the  service  thereof,  why  the 
prayer  of  the  petition  should  not  be  granted  ;  and  may  also,  by  its 
injunctions,  restrain  the  debtor  and  any  other  person,  in  the  mean- 
time, from  making  any  transfer  or  disposition  of  any  part  of 
the  debtor's  property  not  excepted  by  this  act  from  the  ope- 
ration thereof  and  from  any  interference  therewith ;  and  if  it 
shall  appear  that  there  is  probable  cause  for  believing  that  the 
debtor  is  about  to  leave  the  district,  or  to  remove  or  conceal  his 
goods  and  chattels  or  his  evidence  of  property,  or  make  any  fraudu- 
lent conveyance  or  disposition  thereof,  the  court  may  issue  a  war- 
rant  to  the  marshal  of  the  district,  commanding  him  to  arrest  the 
alleged  bankrupt  and  him  safely  keep,  unless  he  shall  give  bail  to 
the  satisfaction  of  the  court  for  his  appearance  from  time  to  time,  as 
required  by  the  court,  until  the  decision  of  the  court  upon  the  peti- 
tion, or  the  further  order  of  the  court,  and  forthwith  to  take  possession 
provisionally  of  all  the  property  and  effects  of  the  debtor,  and  safely 
keep  the  same  until  the  further  order  of  the  court.  A  copy  of  the 
petition  and  of  such  order  to  show  cause  shall  be  served  on  such 
debtor  by  delivering  the  same  to  him  personally,  or  leaving  the 
same  at  his  last  or  usual  place  of  abode  ;  or  if  such  debtor  cannot  be 
found,  or  his  place  of  residence  ascertained,  service  shall  be  made  by 
publication,  in  such  manner  as  the  judge  may  direct.  No  further 
proceedings,  unless  the  debtor  appear  and  consent  thereto,  shall  be 
had  until  proof  shall  have  been  given,  to  the  satisfaction  of  the 
court,  of  such  service  or  publication  ;  and  if  such  proof  be  not  given 
on  the  return  day  of  such  order,  the  proceedings  shall  be  adjourned, 
and  an  order  made  that  the  notice  be  forthwith  so  served  or  pub- 
lished. 

SEC.  41.  And  be  it  further  enacted,  That  on  such  return  day  or 
adjourned  day,  if  the  notice  has  been  duly  served  or  published,  or 
shall  be  waived  by  the  appearance  and  consent  of  the  debtor,  the 
court  shall  proceed  summarily  to  hear  the  allegations  of  the  peti- 
tioner and  debtor,  and  may  adjourn  the  proceedings  from  time  to 
time,  on  good  cause  shown,  and  shall,  if  the  debtor  on  the  same  day 
so  demand  in  writing,  order  a  trial  by  jury  at  the  first  term  of  the 
court  at  which  a  jury  shall  be  in  attendance,  to  ascertain  the  fact  of 
such  alleged  bankruptcy ;  and,  if,  upon  such  hearing  of  trial,  the 
debtor  proves  to  the  satisfaction  of  the  court  or  of  the  jury,  as  the 
case  may  be,  that  the  facts  set  forth  in  the  petition  are  not  true,  or 
that  the  debtor  has  paid  and  satisfied  all  liens  upon  his  property, 
in  case  the  existence  of  such  liens  were  the  sole  ground  of  the  pro- 
ceeding, the  proceedings  shall  be  dismissed  and  the  respondent  shall 
recover  his  costs. 

SEC.  42.  And  be  it  further  enacted,  that  if  the  facts  set  forth  in 
the  petition  are  found  to  be  true,  or  if  default  be  made  by  the  deb- 
tor to  appear  pursuant  to  the  order,  upon  due  proof  of  service  thereof 
being  made,  the  court  shall  adjudge  the  debtor  to  be  a  bankrupt, 
and,  as  such,  subject  to  the  provisions  of  this  act,  and  shall  forthwith 
issue  a  warrant  to  take  possession  of  the  estate  of  the  debtor.  The 
warrant  shall  be  directed,  and  the  property  of  the  debtor  shall  be 
>:ikfMi  t.liorfwn.  ftr\r\  slifll  be  nsRicrncd  and  distributed  in  thn  wmf 


604  GENERAL   BANKRUPT   LAW. 

manner  and  with  similar  proceedings  to  those  hereinbefore  provided 
for  the  taking  possession,  assignment  and  distribution  of  the  pro- 
perty of  the  debtor  upon  his  own  petition.  The  order  of  adjudica- 
tion of  bankruptcy  shall  require  tha  bankrupt  forthwith,  or  within 
such  number  of  days,  not  exceeding  five  after  the  date  of  the  order 
or  notice  thereof,  as  shall  by  the  o^der  be  prescribed,  to  make  and 
deliver  or  transmit  by  mail,  postpaid,  to  the  messenger,  a  schedule 
of  the  creditors  and  an  inventory  of  his  estate  in  the  form  and  veri- 
fied in  the  manner  required  of  a  petitioning  debtor  by  section 
eleven.  If  the  debtor  has  failed  to  appear  in  person,  or  by  attorney, 
a  certified  copy  of  the  adjudication  shall  be  forthwith  served  on  him 
by  delivery  or  publication  in  the  manner  hereinbefore  provided  for 
the  service  of  the  order  to  show  cause  ;  and  if  the  bankrupt  is  absent 
or  cannot  be,  found,  such  schedule  and  inventory  shall  be  prepared 
by  the  messenger  and  the  assignee  from  the  best  information  they 
can  obtain.  If  the  petitioning  creditor  shall  not  appear  and  proceed 
on  the  return  day,  or  adjourned  day,  the  court  may,  upon  the  peti- 
tion  of  any  other  creditor  to  the  required  amount,  proceed  to  adjudi- 
cate on  such  petition,  without  requiring  a  new  service  or  publication 
of  notice  to  the  debtor. 

OF  SUPERSEDING  THE  BANKRUPT  PROCEEDINGS  BY  ARRANGE- 
MENT. 

SEC.  43.  And  be  it  further  enacted,  That  if  at  the  first  meeting  of 
creditors,  or  at  any  meeting  of  creditors  to  be  specially  called  for 
that  purpose,  and  of  which  previous  notice  shall  have  been  given 
for  such  length  of  time  and  in  such  manner  as  the  court  may  direct, 
three-fourths  in  value  of  the  creditors  whose  claims  have  been 
proved  shall  determine  and  resolve  that  it  is  for  the  interest  of  the 
general  body  of  the  creditors  that  the  estate  of  the  bankrupt  should 
be  wound  up  and  settled,  and  distribution  made  among  the  creditors 
by  trustees,  under  the  inspection  and  direction  of  a  committee  of 
the  creditors,  it  shall  be  lawful  for  the  creditors  to  certify  and  report 
such  resolution  to  the  court,  and  to  nominate  one  or  more  trustees 
to  take  and  hold  and  distribute  the  estate,  under  the  direction  of 
such  committee.  If  it  shall  appear  to  the  court,  after  hearing  the 
bankrupt  and  such  creditors  as  may  desire  to  be  heard,  that  the  res- 
olution was  duly  passed  and  that  the  interests  of  the  creditors  will 
be  promoted  thereby,  it  shall  confirm  the  same  ;  and  upon  the  exe- 
cution and  filing  by  or  on  behalf  of  three-fourths  in  value  of  all  the 
creditors  whose  claims  have  been  proved  of  a  consent  that  the  estate 
of  the  bankrupt  be  wound  up  and  settled  by  said  trustees  according 
to  the  terms  of  such  resolution,  the  bankrupt  or  his  assignee  in 
bankruptcy,  if  appointed,  as  the  case  may  be,  shall,  under  the  direc- 
tion of  the  court,  and  under  oath,  convey,  transfer  and  deliver  all 
the  property  and  estate  of  the  bankrupt  to  the  said  trustee  or  trus- 
tees, who  shall,  upon  such  conveyance  and  transfer,  have  and  hold 
the  same  in  the  same  manner,  and  with  the  same  powers  and  rights, 
in  all  respects,  as  the  bankrupt  would  have  had  or  held  the  same  if 
no  proceeding  in  bankruptcy  had  been  taken,  or  as  the  assignee  in 
oankruptcy  would  have  done  had  such  resolution  not  been  passed 
^d  such  consent  and  the  proceeding  thereunder  shall  be  as  binding 


GENERAL  BANKRUPT  LAW  605 

in  all  respects  on  any  creditor  whose  debt  is  provable  who  has  not 
signed  the  same  as  if  he  had  signed  it,  and  on  any  creditor  whose 
debt,  if  provable,  is  not  proved,  as  if  he  had  proved  it ;  and  the  court- 
by  order  shall  direct  all  acts  and  things  needful  to  be  done  to  carry 
into  effect  such  resolution  of  the  creditors,  and  the  said  trustees  shall 
proceed  to  wind  up  and  settle  the  estate  under  the  direction  and  in- 
spection of  such  committee  of  the  creditors,  for  the  equal  benefit  of 
all  such  creditors ;  and  the  winding  up  and  settlement  of  any  estate 
under  the  provisions  of  this  section  shall  be  deemed  to  be  proceed- 
ings in  bankruptcy  under  this  act ;  and  the  said  trustees  shall  have 
the  rights  and  powers  of  assignees  in  bankruptcy.  The  court,  on 
the  application  of  such  trustees,  shall  have  power  to  summon  and 
examine,  on  oath,  or  otherwise,  the  bankrupt  and  any  creditor,  and 
any  person  indebted  to  the  estate  or  known  or  suspected  of  having 
any  of  the  estate  in  his  possession,  or  any  other  person  whose  exami- 
nation may  be  material  or  necessary  to  aid  the  trustees  in  the  exe- 
cution of  their  trust,  and  to  compel  the  attendance  of  such  persons  and 
the  production  of  books  and  papers  in  the  same  manner  as  in  other 
proceedings  in  bankruptcy  under  this  act ;  and  the  bankrupt  shall 
have  the  right  to  apply  for  and  obtain  a  discharge  after  the  passage  of 
such  resolution  and  the  appointment  of  such  trustees  as  if  such  resolu- 
tion had  not  been  passed,  and  as  if  all  the  proceedings  had  continued 
in  the  manner  provided  in  the  preceding  sections  of  this  act.  If  the 
resolution  shall  not  be  duly  reported,  or  the  consent  of  the  creditors 
shall  not  be  duly  filed,  or  if,  upon  its  filing,  the  court  shall  not  think 
fit  to  approve  thereof,  the  bankruptcy  shall  proceed  as  though  no 
resolution  had  been  passed,  and  the  court  may  make  all  necessary 
orders  for  resuming  the  proceedings.  And  the  period  of  time  which 
shall  have  elapsed  between  the  date  of  the  resolution  and  the  date 
of  the  order  for  assuming  proceedings  shall  not  be  reckoned  in  cal- 
culating periods  of  time  prescribed  by  this  act. 

PENALTIES  AGAINST  BANKRUPTS. 

SEC.  44.  And  be  it  further  enacted,  That  from  and  after  the 
passage  of  this  act,  if  any  debtor  or  bankrupt  shall,  after  the  com- 
mencement of  proceedings  in  bankruptcy,  secrete  or  conceal  any 
property  belonging  to  his  estate,  or  part  with,  conceal  or  destroy, 
alter,  mutilate  or  falsify,  or  cause  to  be  concealed,  destroyed,  altered, 
mutilated  or  falsified  any  book,  deed,  document  or  writing  relating 
thereto,  or  remove  or  cause  to  be  removed  the  same  or  any  part 
thereof  out  of  th6  district,  or  otherwise  dispose  of  any  part  thereof 
with  intent  to  prevent  it  from  coming  into  the  possession  of  the 
assignee  in  bankruptcy,  or  to  hinder,  impede  or  delay  either  of  them 
in  recovering  or  receiving  the  same,  or  make  any  payment,  gift, 
sale,  assignment,  transfer  or  conveyance  of  any  property  belonging 
to  his  estate  with  the  like  intent,  or  shall  spend  any  part  thereof  in 
gaming,  or  shall,  with  intent  to  defraud,  willfully  and  fraudulently 
conceal  from  his  assignee  or  omit  from  his  schedule  any  property  or 
effects  whatsoever ;  or  if,  in  case  of  any  person  having,  to  his 
knowledge  or  belief,  proved  a  false  or  fictitious  debt  against  his 
estate,  he  shall  fail  to  disclose  the  same  to  his  assignee  within  ouo 
month  after  coming  to  the  knowledge  or  belief  thereof ;  or  shall  afc 


606  GENERAL   BANKRUPT   LAW. 

tempt  to  account  for  any  of  his  property  by  fictitious  losses  or 
expenses  ;  or  sliall,  within  three  months  before  the  co  Aimencement 
of  proceedings  in  bankruptcy,  under  the  false  color  and  pretense  of 
carrying  on  business  and  dealing  in  the  ordinary  course  of  trade, 
obtain  on  credit  from  any  person  any  goods  or  chattels  with  intent 
to  defraud ;  or  shall,  with  intent  to  defraud  his  creditors,  within 
three  months  next  before  the  commencement  of  proceedings  in 
bankruptcy,  pawn,  pledge  or  dispose  of  otherwise  than  by  bona  fide 
transactions  in  the  ordinary  way  of  his  trade,  any  of  his  goods  or 
chattels,  which  have  been  obtained  on  credit  and  remain  unpaid  for, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  by  any  court  of  the  United  States,  shall  be  punished  by  im- 
prisonment, with  or  without  hard  labor,  for  a  term  not  exceeding 
three  years. 

PENALTIES  AGAINST  OFFICERS. 

SEC.  45.  And  be  it  further  enacted,  That  if  any  judge,  icgister, 
clerk,  marshal,  messenger,  assignee  or  any  other  officer  of  the 
several  courts  of  bankruptcy  shall,  for  anything  done  or  pretended 
to  be  done  under  this  act,  or  under  color  of  doing  anything  there- 
under, willfully  demand  or  take,  or  appoint  or  allow  any  person 
whatever  to  take  for  him  or  on  his  account,  or  for  or  on  account  of 
any  other  person,  or  in  trust  for  him  or  for  any  other  person,  any 
fee,  emolument,  gratuity,  sum  of  money  or  anything  of  value  what- 
ever, other  than  is  allowed  by  this  act,  or  which  shall  be  allowed 
under  the  authority  thereof,  such  person,  when  convicted  thereof, 
shall  forfeit  and  pay  the  sum  of  not  less  than  $300,  and  not  exceed- 
ing $500,  and  be  imprisoned  not  exceeding  three  years. 

SEC.  46.  And  be  it  further  enacted,  That  if  any  person  shall  forge 
the  signature  of  a  judge,  register  or  other  officer  of  the  court,  or 
shall  forge  or  counterfeit  the  seal  of  the  courts,  or  knowingly  concur 
in  using  any  such  forged  or  counterfeit  signature  or  seal,  for  the 
purpose  of  authenticating  any  proceeding  or  document,  or  shall 
tender  in  evidence  any  such  proceeding  or  document  with  a  false  or 
counterfeit  signature  of  any  such  judge,  register  or  other  officer,  or 
a  false  or  counterfeit  seal  of  the  court,  subscribed  or  attached  thereto, 
knowing  such  signature  or  seal  to  be  false  or  counterfeit,  any  such 
person  shall  be  guilty  of  felony,  and  upon  conviction  thereof,  shall 
be  liable  to  a  fine  of  not  less  than  $500,  and  not  more  than  $5,000 
and  to  be  imprisoned  not  exceeding  five  years,  at  the  discretion  of 
the  court. 

FEES  AND  COSTS. 

SEC.  47.  And  be  it  further  enacted,  That  in  eacli  case  there  shall 
be  allowed  and  paid,  in  addition  to  the  fees  of  the  clerk  of  the  court, 
as  now  established  by  law,  or  as  may  be  established  by  general 
order,  under  the  provisions  of  this  act,  for  fees  in  bankruptcy,  the 
following  fees,  which  shall  be  applied  to  the  payment  for  the  ser- 
vices of  the  registers. 

For  issuing  every  warrant,  $2. 

For  each  day  in  which  a  meeting  is  held,  $3. 

For  each  order  for  a  dividend,  $3. 


GENEBAL   BANKKTJPT  LAW.  607 

For  every  order  substituting  an  arrangement  by  trust  deed  for 
bankruptcy,  $2. 

For  every  bond  with  sureties,  $2. 

For  every  application  for  any  meeting  in  any  matter  under  this 
act*  $1. 

For  every  day's  service  while  actually  employed  under  a  special 
order  of  the  court,  a  suui  not  exceeding  $5,  to  be  allowed  by  the 
court. 

For  taking  depositions,  the  fees  now  allowed  by  law. 

For  every  discharge,  when  there  is  no  opposition,  $2. 

Such  fees  shall  have  priority  of  payment  over  all  other  claims  out 
of  the  estate,  and  before  a  warrant  issues  the  petitioner  shall  deposit 
with  the  clerk  $50  as  security  for  the  payment  thereof;  and 
if  there  are  not  sufficient  assets  for  the  payment  of  the  fees,  the 
person  upon  whose  petition  the  warrant  is  issued  shall  pay  the  same, 
and  the  court  may  issue  an  execution  against  him  to  compel  pay- 
ment to  the  register. 

Before  any  dividend  is  ordered,  the  assignee  shall  pay  out  of  the 
estate  to  the  messenger  the  following  fees,  and  no  more  : 

First — For  service  of  warrant,  $2. 

Second — For  all  necessary  travel,  at  the  rate  of  five  cents  a  mile 
each  way. 

Third — For  each  written  note  to  creditor  named  in  the  schedule, 
ten  cents. 

Fourth — For  custody  of  property,  publication  of  notices  and  other 
services,  his  actual  and  necessary  expenses  upon  returning  the  same 
in  specific  items,  and  making  oath  that  they  have  been  actually 
incurred  and  paid  by  him,  and  are  just  and  reasonable,  the  same  to 
be  taxed  or  adjusted  by  the  court,  and  th?  oath  of  the  messenger 
shall  not  be  conclusive  as  to  the  necessity  of  said  expenses. 

For  cause  shown,  and  upon  hearing  thereon,  such  further  allow- 
ance may  be  made  as  the  court,  in  its  discretion,  may  determine. 

The  enumeration  of  the  foregoing  fees  shall  not  prevent  the  judges, 
who  shall  frame  general  rules  and  orders  in  accordance  with  the 
provisions  of  section  ten,  from  prescribing  a  tariff  of  fpes  for  all 
other  services  of  the  officers  of  courts  of  bankruptcy,  or  from  re- 
ducing the  fees  prescribed  in  this  section  in  classes  of  cases  to  be 
named  in  their  rules  and  orders. 

OP  MEANING  OF  TERMS   AND   COMPUTATION  OF   TIME. 

SEC.  48.  And  be  it  further  enacted,  That  the  word  "  assignee  " 
and  the  word  "  creditor,"  shall  include  the  plural  also,  and  the  word 
"  messenger  "  shall  include  his  assistant  or  assistants,  except  in  the 
provision  for  the  fees  of  that  officer ;  the  word  "  marshal "  shall 
include  the  marshal's  deputies  ;  the  word  "  person  "  shall  also  in- 
clude "  corporation,"  and  the  word  "  oath  "  shall  include  "  affirma- 
tion." And  in  all  cases  in  which  any  particular  number  of  days  is 
prescribed  by  the  act,  or  shall  be  mentioned  in  any  rule  or  order  of 
court,  or  general  order  which  shall  at  any  time  be  made  under  this 
act  for  the  doing  of  any  actor  for  any  other  purpose,  the  same  ahull 
be  reckoned,  in  the  absence  of  any  expression  to  the  contrary,  ex- 


608  VOLT7NTAKT   BA^TKRUPTCY. 

• 

elusive  of  the  first  and  inclusive  of  the  last  day,  unless  the  last  day 
shall  fall  on  a  Sunday,  Christmas  Day,  or  on  any  day  appointed  by 
the  President  of  the  United  States  as  a  day  of  public  fast  or  thanks- 
giving, or  on  the  Fourth  of  July,  in  which  case  the  time  shall  be 
reckoned  exclusive  of  that  day  also. 

SEC.  49.  And  be  it  further  enacted,  That  all  the  jurisdiction, 
power  and  authority  conferred  upon  and  vested  in  the  District 
Court  of  the  United  States  by  this  act  in  cases  in  bankruptcy,  aro 
hereby  conferred  upon  and  vested  in  the  Supreme  Court  of  the  Dis- 
trict of  Columbia  and  in  and  upon  the  Supreme  Courts  of  the  sev- 
eral Territories  of  the  United  States,  when  the  bankrupt  resides  in 
the  said  District  of  Columbia,  or  in  either  of  the  said  Territories. 
And  in  those  judicial  districts  which  are  not  within  any  organized 
circuit  of  the  United  States  the  power  and  jurisdiction  of  a  Circuit 
Court  in  bankruptcy  may  be 'exercised  by  the  district  judge. 

SEC.  50.  And  be  it  further  enacted,  That  this  act  shall  commence? 
and  take  effect  as  to  the  appointment  of  the  officers  created  hereby, 
and  the  promulgation  of  rules  and  general  orders,  from  and  after 
the  date  of  its  approval.  Provided  that  no  petition  or  other  pro- 
ceeding uuder  this  act  shall  be  filed,  received,  or  commenced  before 
the  first  day  of  June,  Anno  Domini  eighteen  hundred  and  sixty 
seven. 

POWER  OF  REGISTERS. 
In  accordance  with  Amendment  of  the  Act,  approved  July  27th,  1868. 

And  be  it  further  enacted,  That  registers  in  bankruptcy  shall 
have  power  to  administer  oaths  in  all  cases  and  in  relation  to  all 
matters  in  which  oaths  may  be  administered  by  commissioners  of 
the  circuit  courts  of  the  United  States,  and  such  commissioners 
may  take  proof  of  debts  in  bankruptcy  in  all  cases,  subject  to  the 
revision  of  such  proofs  by  the  register  and  by  the  court  according 
to  the  provisions  of  said  act. 

BANKRUPTCY. 

Explanations  and  Instructions  to  Bankrupts  and 
Creditors. 

RULES,  ORDERS  AND  FORMS  OF  PROCEEDINGS  UNDER  THE  GEN 
ERAL  BANKRUPT  LAW, 

There  are  two  kinds  of  bankruptcy,  voluntary  and  involuntary. 
In  either  case  the  bankrupt  must  reside  within  the  jurisdiction 
of  the  United  States,  and  owe  debts  provable  under  the  bankrupt 
act  (see  section  19),  exceeding  the  amount  of  three  hundred  dol- 
lars. Proceedings  in  bankruptcy  may  be  conducted  either  by 
the  bankrupt  in  person  in  his  own  behalf,  or  by  a  petitioning  or 
opposing  creditor ;  but  a  creditor  will  only  be  allowed  to  manage 
before  a  Court  his  individual  interest.  Either  party  may  appear 
and  conduct  the  proceedings  by  attorney,  who  shall  be  an  attor- 


VOLUNTARY   BANKRUPTCY.  609 

ney  or  counsellor  authorized  to  practice  in  the  Circuit  or  District 
Court.     (See  forms  14  and  26.) 

Voluntary  Bankruptcy. 

Who  may  Petition. — The  insolvent  shall  be  adjudged  a  bank- 
rupt on  his  own  petition,  to  be  addressed  to  the  judge  of  the 
judicial  district  in  which  he  has  resided  or  carried  on  business 
for  the  six  months  next  immediately  preceding  the  time  of  filing 
such  petition,  or  for  the  longest  period  during  such  six  months. 

Form  of  Petition. — The  form  of  the  petition  and  of  the  sched- 
ule and  the  inventory  to  be  annexed  thereto,  as  prescribed  by  the 
eleventh  section  of  the  Aet  and  in  the  General  Orders  and  Rules 
of  the  Supreme  Court,  will  be  found  (infra)  under  numbers 
1,  2  and  3. 

In  Cases  of  Copartnership. — In  case  one  or  more  members  of  a 
copartnership  refuse  to  join  in  a  petition  to  have  the  firm  de- 
clared bankrupt,  the  parties  refusing  shall  be  entitled  to  resist 
the  prayer  of  the  petition  in  the  same  manner  as  if  the  petition 
had  been  filed  by  a  creditor  of  the  partnership ;  and  in  case  an 
adjudication  of  bankruptcy  is  made  upon  the  petition,  such  co- 
partner shall  be  required  to  furnish  to  the  marshal  a  schedule  of 
his  debts  and  an  inventory  of  his  property  in  the  same  manner 
as  required  by  the  Act  in  cases  of  debtors  against  whom  adjudi- 
cation of  bankruptcy  shall  be  made.  (See  Involuntary  Bank- 
ruptcy.) 

Commencement  of  Proceedings. — The  petition  thus  filed  is  to  be 
an  act  of  bankruptcy,  and  the  date  of  the  filing  of  such  petition 
is  to  be  deemed  the  commencement  of  the  proceedings  in  bank- 
'ruptcy.  Upon  the  filing  of  a  petition  in  case  of  voluntary  bank- 
ruptcy, and  as  soon  as  any  adjudication  of  bankruptcy  is  made 
upon  a  petition  filed  in  case  of  involuntary  bankruptcy,  the  pe- 
tition shall  be  referred  to  one  of  the  registers  in  such  manner  as 
the  Court  shall  direct ;  and  the  petitioner  shall  furnish  the  regis- 
ter with  a  copy  of  the  papers  in  the  case,  and  thereafter  all  the 
proceedings  required  by  the  Act  shall  be.  had  before  him,  except 
such  as  are  excepted  by  law  or  by  special  order  of  the  judge. 
The  order  designating  the  register  to  act  upon  any  petition  shall 
name  a  day  upon  which  the  bankrupt  shall  attend  before  th« 


610  VOLUNTARY   BANKRUPTCY. 

register,  from  which  date  he  shall  be  subject  to  the  orders  of  the 
Court  in  all  matters  relating  to  his  bankruptcy,  and  may  receive 
from  the  register  a  protection  against  arrest,  to  continue  until  the 
final  adjudication  on  his  application  for  a  discharge,  unless  sus- 
pended or  vacated  by  order  of  the  Court. 

Imprisoned  Debtor. — If  at  the  time  of  preferring  his  petition, 
the  debtor  shall  be  imprisoned,  the  Court,  upon  his  application, 
may  order  him  to  be  produced  upon  habeas  corpus  by  the  jailor 
or  any  officer  in  whose  custody  he  may  be,  before  the  regis- 
ter, for  the  purpose  of  testifying  in  any  matter  relating  to  hia 
bankruptcy,  and  if  committed  after  the  filing  of  his  petition  upon 
process  in  any  civil  action  founded  upon  a  claim  provable  in 
bankruptcy,  the  Court  may,  upon  like  application,  discharge  him 
from  such  imprisonment.  If  the  petitioner,  during  the  pendency 
of  the  proceedings  in  bankruptcy,  be  arrested  or  imprisoned  upon 
process  in  any  civil  action,  the  District  Court,  upon  his  applica- 
tion, may  issue  a  writ  of  habeas  corpus  to  bring  him  before  the 
Court  to  ascertain  whether  such  process  has  been  issued  for  the 
collection  of  any  claim  provable  in  bankruptcy,  and  if  so  prova- 
ble, he  shall  be  discharged,  if  not,  he  shall  be  remanded  to  the 
custody  in  which  he  may  lawfully  be.  Before  granting  the  order 
for  discharge,  the  Court  shall  cause  notice  to  be  served  upon  the 
creditor,  so  as  to  give  him  an  opportunity  of  appearing  and  be 
ing  heard  before  the  granting  of  the  order. 

Duties  of  Register. — For  the  general  duties  and  powers  of  regis- 
ters in  bankruptcy,  see  sections  3, 4,  5,  6  and  7  of  the  Act.  Every 
register,  in  performing  the  duties  required  of  him,  under  the 
Act,  and  by  the  above  mentioned  General  Orders,  or  by  orders  of 
the  District  Court,  shall  use  all  reasonable  dispatch,  and  shall  not 
adjourn  the  business  but  for  good  cause  shown.  Six  hours'  ses- 
sion shall  constitute  a  day's  sitting  if  the  business  requires  ;  and 
when  there  is  time  to  complete  the  proceedings  in  progress  within 
the  day,  the  party  obtaining  any  adjournment  or  postponement 
thereof,  may  be  charged,  if  the  Court  think  proper,  with  all  the 
costs  incurred  in  consequence  of  the  delay.  It  shall  be  the  duty 
of  the  register  to  examine  the  bankrupt's  petition  and  schedules 
filed  therewith,  and  to  certify  whether  the  same  are  correct  in 


VOLUNTARY  BANKRUPTCY.  611 

form.     If  so,  the  register  is  to  issue  a  warrant,  as  prescribed  by 
Section  11  of  the  Act  and  directed  to  the  Marshal  of  the  district. 

Duties  of  Marshal. — It  shall  be  the  duty  of  the  Marshal  as 
messenger  to  take  possession  of  the  property  of  the  bankrupt, 
and  to  prepare,  within  three  days  from  the  time  of  taking  such 
possession,  a  complete  inventory  of  all  the  property.  He  shall 
also,  in  case  the  bankrupt  is  absent,  or  cannot  be  found,  prepare 
a  schedule  of  the  names  and  residences  of  his  creditors,  and  the 
amount  due  to  each,  from  the  books  or  other  papers  of  the  bank 
rupt,  and  from  any  other  sources  of  information. 

Duties  of  Assignees. — It  shall  be  the  duty  of  the  register,  imme- 
diately upon  the  appointment  of  an  assignee,  as  prescribed  in 
sections  12  and  13  of  the  Act,  (should  he  not  be  present  at  such 
meeting,)  to  notify  him  by  personal  or  mail  service  of  his  appoint- 
ment. The  assignee  shall,  immediately  on  entering  upon  his 
duties,  prepare  a  complete  inventory  of  all  the  property  of  the 
bankrupt  that  comes  into  his  possession ;  and  all  sales  of  the 
same  shall  be  by  public  auction,  unless  otherwise  ordered  by  the 
Court.  Every  assignee  shall  keep  full,  exact  and  regular  books 
of  account  of  all  receipts,  payments,  and  expenditures  of  money 
by  him,  and  shall  make  report  to  the  Court  within  twenty  days 
after  receiving  the  deed  of  assignment,  of  the  articles  set  off  to 
the  bankrupt  by  him,  according  to  the  provisions  of  the  four- 
teenth section  of  the  Act,  with  the  estimated  value  of  each  article, 
and  any  creditor  may  take  exceptions  to  the  determination  of 
the  assignee  within  twenty  days  after  the  filing  of  the  report. 
The  assignee  immediately  gives  notice  of  the  appointment,  at 
least  once  a  week,  for  three  successive  weeks,  in  newspapers  to  be 
designated  by  the  Court,  and  within  six  months  causes  the  as- 
signment to  be  recorded,  in  every  place  where  a  conveyance  of 
the  bankrupt's  land  should  be  recorded.  He  then  proceeds  to 
collect  the  estate  of  the  bankrupt  and  to  convert  the  same  into 
money,  keeping  any  money  belonging  to  the  estate  in  the  man- 
ner laid  down  in  section  17. 

Meetings  of  Creditors.— The  first  meeting  of  the  creditors  is  to 
be  held  in  pursuance  of  the  notice  in  the  warrant  and  for  the 
purposes  mentioned  in  sections  12  and  13  of  the  Act;  the  second 


612  VOLUN1ABT   BANKRUPTCY. 

and  third  meetings  of  the  creditors  are  to  be  held  at  such  times 
and  for  the  purposes  mentioned  in  sections  27  and  28  of  the  Act 
to  regulate  the  distribution  of  the  bankrupt's  estate.  The  assignee 
is  to  make  further  dividends,  as  prescribed  by  said  sections,  and 
as  often  as  occasion  may  require ;  but  after  the  third  meeting  of 
creditors  no  further  meeting  is  to  be  called,  unless  ordered  by 
the  Court.  The  Court  may  also  direct  that  the  second  and  third 
meetings  of  creditors  of  a  bankrupt  applying  for  his  discharge, 
within  three  months  from  the  date  of  his  being  adjudged  a  bank- 
rupt, under  the  provisions  of  the  29th  section  of  the  Act,  shall  be 
had  on  the  day  which  may  be  fixed  in  the  order  of  notice  for  the 
creditors  to  appear  and  show  cause  why  a  discharge  should  not 
be  granted  such  bankrupt. 

Proof  of  Debts. — For  full  information  as  to  the  mode  of  prov- 
ing debts  and  claims  in  proceedings  in  bankruptcy,  see  sections 
19  to  21  of  the  Act,  and  Forms  21  and  22. 

The  Bankrupt's  Discharge. — The  most  important  provision  of 
the  Act  in  favor  of  a  bankrupt  is  the  right  accorded  him  by  sec- 
tions 29  to  34  of  the  Act  to  apply  to  the  Court  for  a  discharge 
from  his  debts.  The  effect  of  the  order  of  discharge  is  to  exempt 
the  bankrupt  from  the  payment  of  all  debts  which  might  have 
been  proved  under  his  bankruptcy.  Section  29  of  the  Act  states 
the  time  when  the  petition  of  a  debtor  to  be  discharged  from  his 
debts  is  to  be  made  and  prescribes  the  requirements  of  such  peti- 
tion, (see  Form  51.)  Section  30  gives  information  how  to  obtain 
a  discharge  under  a  second  bankruptcy.  Section  33  states  the 
debts  and  claims  not  to  be  discharged  under  the  Act.  Upon  the 
application  of  the  bankrupt  for  his  discharge,  the  Court  will 
order  notice  to  be  given  by  mail  to  all  creditors  who  have  proved 
their  debts,  and  by  publication  in  certain  newspapers,  to  be  des- 
ignated by  the  Court,  to  appear  on  the  day  appointed  for  that 
purpose,  and  show  cause  why  the  discharge  should  not  be  granted 
to  the  bankrupt.  A  creditor  opposing  the  said  application  shall 
enter  his  appearance  thereto  on  the  day  when  the  creditors  are 
required  to  show  cause,  and  shall  file  his  specification  of  the 
grounds  of  his  opposition,  in  writing,  within  ten  days  thereafter, 
unless  the  time  shall  be  extended  by  order  of  the  Court,  and  tho 


INVOLUNTARY   BANKRUPTCY.  613 

Court  shall  thereupon  make  an  order  of  the  entry  of  said  case 
for  trial  on  the  docket  of  the  Court,  and  the  time  within  which 
the  same  shall  be  heard  and  decided.  The  validity  o.f  a  discharge 
when  granted  may  be  contested  by  any  creditor  whose  debt  haa 
been  proved  against  the  bankrupt's  estate,  or  is  provable  at  any 
time  within  two  years  after  the  date  of  the  order  of  discharge. 
(Bee  sections  31  and  34  of  the  Act  and  Form  53.) 

Involuntary  Bankruptcy. 

A  debtor  may  be  compulsory  made  a  bankrupt  by  the  commis- 
sion of  any  one  of  those  acts  which  section  39  of  the  Act  denom- 
inates Acts  of  Bankruptcy.  On  the  petition  of  one  or  more  of 
his  creditors,  the  aggregate  of  whose  debts  provable  under  the 
Act  amount  to  at  least  250  dollars,  provided  such  petition  is 
brought  within  six  months  after  the  alleged  act  of  bankruptcy 
shall  have  been  committed,  and  the  facts  set  forth  in  the  petition 
are  found  to  be  true,  or  default  be  made  by  the  debtor  to  appear 
pursuant  to  the  order  of  the  Court  requiring  the  debtor  to  appear 
and  show  cause  why  the  prayer  of  the  petition  should  not  be 
granted.  (See  sections  40,  41  and  42  and  Form  54.)  Whenever 
two  or  more  petitions  shall  be  filed  by  creditors  against  a  com- 
mon debtor,  alleging  separate  acts  of  bankruptcy,  committed  by 
said  debtor  on  different  days  within  six  mouths  prior  to  the  filing 
of  said  petitions,  and  the  debtor  shall  appear  and  show  c&use 
against  an  adjudication  of  bankruptcy  against  him  on  the  peti- 
tions, that  petition  shall  be  first  heard  and  tried,  which  alleges 
the  commission  of  the  earliest  act  of  bankruptcy ;  and  in  case 
the  several  acts  of  bankruptcy  are  alleged  in  the  different  peti- 
tions to  have  been  committed  on  the  same  day,  the  Court  before 
which  the  same  are  pending,  may  order  them  to  be  consolidated  ; 
and  if  an  adjudication  of  bankruptcy  be  made  upon  either  peti- 
tion, or  for  the  commission  of  a  single  act  of  bankruptcy,  it  shall 
not  be  necessary  to  proceed  to  a  hearing  upon  the  remaining  peti- 
tions, unless  proceedings  be  taken  by  the  debtor  for  the  purpose 
of  causing  such  adjudication  to  be  annulled  or  vacated.  In  case 
two  or  more  petitions  shall  be  filed  against  the  same  individual 
in  different  districts,  the  first  hearing  shall  be  had  in  the  district 
in  which  the  debtor  resides;  and  in  case  of  two  or  more  peti- 


614  IX VOLUNTARY  BANKRUPTCY. 


lions  against  the  same  firm  in  different  courts,  the  petition  first 
filed  shall  be  first  heard. 

For  Fees  and  Costs  prescribed  ly  the  Act,  see  secti  ons  3,  4,  10 
and  47. 

In  addition,  the  General  Orders  prescribe  as  follows : 

To  the  Clerk  of  the  Court : — For  each  notice  required  to  be 
sent  by  mail,  when  signed  by  the  Clerk,  ten  cents ;  the  postage 
to  be  prepaid  by  the  party  required  to  give  such  notice. 

To  the  Clerlt  and  Register  : — For  every  copy  of  any  paper  in 
proceedings  in  Bankruptcy,  twenty-five  cents  for  certifying  the 
same,  and  in  addition  thereto,  ten  cents  for  each  folio  of  100 
words. 

To  the  Register: — For  every  order  made  where  notice  is  re- 
quired to  be  given,  and  for  certifying  copy  of  the  same  to  the 
Clerk,  one  dollar. 

For  every  certificate  of  question  to  be  certified  to  the  District 
Judge,  under  the  4th  and  6th  Sections  of  the  Act,  one  dollar. 

For  every  proof  of  debt,  twenty-five  cents ;  and  where  testi- 
mony is  taken,  the  fees  prescribed  by  law  may  be  added. 

In  cases  where  the  debtor  has  no  means,  and  makes  proof  to 
the  satisfaction  of  the  Court,  that  he  is  unable  to  pay  the  costs 
prescribed  by  the  Act,  and  these  Orders,  the  Judge  in  his  discre- 
tion may  direct  that  the  fees  and  costs  therein  shall  not  exceed 
the  sum  required  by  the  Act  to  be  deposited  with  the  Clerk. 

In  cases  of  Involuntary  Bankruptcy,  where  the  debtor  resists 
an  adjudication,  and  the  Court  after  hearing,  shall  adjudge  the 
debtor  a  bankrupt,  the  petitioning  creditor  shall  recover,  to  be 
paid  out  of  the  fund,  the  same  costs  that  are  allowed  by  law  to 
a  party  recovering  in  a  suit  in  Equity ;  and  in  case  the  petition 
shall  be  dismissed,  the  debtor  may  recover  like  costs  from  the 
petitioner, 


Forms  of  Proceedings  in  Bankruptcy. 

Form  No.  1. 

PETITION  BY  DEBTOR. 

To  tte  Ho    irable  ,  Judge  of  the  District  Court  of  the  United  State*. 

fort  )  District  of  :— 

THE  PE./TIOK  of  ,  of  the  of  ,  in  the  County 

of  ,  and  State  of  ,  and  District  aforesaid, 

Respectfully  Represents :— That  he  has 

for  months  next  immediately  preceding  the  filing  of  this  petition,  at 

,  within  said  Judicial  District;  that  he  owes  debts  exceeding  the 
amount  of  three  hundred  dollars,  and  is  unable  to  pay  all  of  the  same  in  full ;  that 
he  is  willing  to  surrender  all  his  estate  and  effects  for  the  benefit  of  his  Creditors, 
and  desires  to  obtain  the  benefit  of  the  Act  entitled  "  An  Act  to  Establish  a  Uni- 
form System  of  Bankruptcy  throughout  the  United  States,"  approved  March  ?, 

That  the  Schedule  hereto  annexed,  marked  A,  and  verified  by  Your  Petitioner's 
oath,  contains  a  full  and  true  statement  of  all  his  debts,  and  (so  far  as  it  is  pos- 
sible to  ascertain)  the  names  and  places  of  residence  of  his  creditors,  and  such 
further  statements  concerning  said  debts  as  are  required  by  the  provisions  of 
said  Act : 

That  the  Schedule  here  to  annexed,  marked  B,  and  verified  by  Tour  Petitioner's 
oath,  contains  an  accurate  inventory  of  all  his  estate,  both  real  and  personal, 
assignable  under  the  provisions  of  said  Act : 

WHEREFORE,  TOUR  PETITIONER  PRATS,  that  he  may  be  adjudged  by  the  Court 
to  be  a  Bankrupt,  within  the  purview  of  said  Act ;  and  that  he  may  be  Decreed 
to  have  a  Certificate  of  Discharge  from  all  his  Debts  provable  under  the  same. 


-,  Solicitor,  [or,  Attorney,]  etc. 


Oath  to  foregoing  Petition. 
[N.  B.— If  Petioner  is  not  a  citizen,  the  last  clause  of  this  oath  should  be  omitted.] 

UNITED  STATES  OF  AMERICA. 

District  of  ,  ss  :— 

I  ,  the  Petitioning  Debtor  mentioned  and  described  in  the  foregoing 

Petition,  do  hereby  make  solemn  oath  [or,  affirmation]  that  the  statements  con- 
tained therein  are  true  according  to  the  best  o."  my  knowledge,  information  and 
belief;  and  I  do  further  make  oath  [or,  affirmation]  that  I  am  a  citizen  of  tha 
United  States  of  America,  and  that  I  will  bear  true  faith  and  allegiance  to  tho 
eame. 

,  Petitioner. 

Subscribed  and  sworn  [or,  affirmed]  to,  before  me,  this      day  of       ,  A.  D.  18 

U.  S.  District  Judge,  [Register  in  Bankruptcy, 

or,  U.  S.  Commle$ion*r.l 


616 


FORMS   OF   PROCEEDINGS    IN   BANKRUPTCY. 


-2 


I « 
I> 


Q  H  0  * 

W  CS  0  •- 

;re  and  when 
ontracted. 

J?° 

j 

C 

m 

|d 

*  PI 

OT    Q 

If 

0 

ft 

£2 

0  V 

H 

•i-der  of  Payment; 
deferred  Claims. 

i. 

>rtht.a  due  the  Uni- 
ted States,  and 
taxes  and  assess- 
ments under  the 
i-aws  thereof. 

2. 

)^bts  due  to  the 
State  of  ,  and 
taxes  and  assess- 
ments under  the 
laws  of  said  State. 

3. 

•VTages  due  clerk, 
servant,  etc.,  to 
an  amount  not 
exceeding  $50,for 
Labor  performed, 
within  Six  M'ths. 

4. 
)ther  debts  Pre- 
ferred by  said  Act. 

FORMS   OF  PROCEEDINGS   IN"   BANKRUPTCY. 


617 


e 


lis 


•sl 

SSs 

1st 


is 


1^  I 

I   ' 


1  1 


f 


618 


FORMS    OF   PROCEEDINGS    IN   BANKRUPTCY. 


«„ 

I  I'll" 


3** 
3-8* 


ft 

Is! 


03    W 

2a& 

S*iN 

itM 
ISsI 


of  Holders  as 
as  known. 


ee  to 
ouc 


FORMS   OF   PROCEEDINGS   IN   BANKRUPTCY. 


619 


*  & 
s-itr 


s  & 


II 


620 


FORMS    OF   PROCEEDINGS   IN   BANKRUPTCY. 


[Petition  by  Debtor.] 


SCHEDULE    B. 

Personal  Property. 


(2.) 


a.— Cash  on  hand 

&.— Bills  of  Exchange,  Promissory  Notes,  or  Securities  of  any  de- 
scription (each  to  be  set  out  separately) 

c.— Stock  in  Trade,  in  my  business  of            ,  at              ,  of  the 
value  of 

d. — Household  Goods  and  Furniture,  Household  Stores,  Wearing 
Apparel,  and  Ornaments  of  the  Person 

«.— Books,  Prints,  and  Pictures 

/.—Horses,  Cows,  Sheep,  and  other  Animals 

ff.— Carriages,  and  other  Vehicles 

fc.— Farming  Stock,  and  Implements  of  Husbandry 

i.— Shipping,  and  Shares  in  Vessels 

*.— Machinery,  Fixtures,  and  Apparatus  used  in  Business ;  with 
the  place  where  each  is  Situated 

I.— Goods  or  Personal  Property  of  any  other  Description,  with  the 
place  where  Each  is  Situated 


Dolls.    Cto 


Petition*-. 


[Petition  by  Debtor/) 


SCHEDULE    B. 

Chose*  in  Action. 


(3.) 


Dolls.    CU 


a.— Debts  due  Petitioner  on  open  Account 

&.— Stocks  in  Incorporated  Companies,  and  Interest  in  Joint  Stock 
Companies 

c.— Policies  of  Insurance 

rf.— Unliquidated  Claims  of  every  nature,  with  their  Estimated 
Value 


Petitioner 


FORMS  OF  PROCEEDINGS  IN  BANKRUPTCY. 


621 


[Petition  by  Debtor.] 


SCHEDULE    B. 


(4.) 


Property  in  Reversion,,  Remainder,  or  Expectancy,  including  Prc-mrty  held 
in  Trust  fur  the  Petitioner,  or  subject  to  any  Power  or  Right  to  Dispose  of, 
or  to  Charge. 

[N.  B. — A  Particular  Description  of  Each  Interest  mnst  be  Entered.  If  all  or 
any  of  the  debtor's  Property  has  been  Conveyed  by  Deed  of  Assignment,  or 
Otherwise,  for  the  benefit  of  Creditors,  the  date  of  such  Deed  should  be  stated, 
the  Name  and  Address  of  the  Person  to  whom  the  Property  was  Conveyed,  the 
Amount  realized  from  the  Proceeds  thereof,  and  the  Disposal  of  the  Same,  as  far 
as  known  to  the  Petitioner.] 


General  Interest. 


Interest  in  Land. 


Personal  Property , 


Property  in  Money.  Stock, 
Shares,  Bonds,  Annuities, 
etc.,  etc. 


Rights  and  Powers 


Property  heretofore  conveyed 
for  benefit  of  Creditors. 

What  portion  of  Debtor's  Pro- 
perty has  been  Conveyed  by 
Deed  of  Assignment,  or 
otherwise,  for  Benefit  of 
Creditors  ;  Date  .of  such 
Deed,  Name  and  Address  of 
Party  to  whom  Conveyed ; 
Amount  realized  therefrom 
and  Disposal  of  same,  so 
far  as  known  to  Petitioner. 


Particular  Description. 


Real  Estate  and  Leasehold  Property, 
with  Locality,  Names,  and  Descrip- 
tions of  Parties  now  Enjoying  the 
Same,  and  the  Value  thereof ;  also  the 
Nature  of  my  Interest  therein,  and 
from  Whom,  and  in  what  Manner  it 
is  derived 

Personal  Property  with  Locality, 
Names,  and  Descriptions  of  Persons 
now  Enjoying  the  Same ;  also  the 
Nature  of  my  Interest  therein,  and 
from  Whom,  and  in  what  Manner 
it  is  derived 

Annuities,  Money  in  Public  or  other 
Funds,  Shares  in  Railroad  and  other 
Companies,  showing  in  whose  names 
the  same  are  standing,  with  Nainos 
and  Descriptions  of  persons  now 
Enjoying  the  Same ;  also  the  Nature 
of  my  Interest  therein,  and  from 
Whom,  and  in  what  Manner  it  is 
derived 

Rights  and  Powers,  wherein  I  or  any 
other  Person  or  Persons  in  Trust  for 
me  or  for  my  benefit  have  any  power 
to  Dispose  of,  Charge,  or  Exercise.. 


Description  of  property  of  Debtor  here- 
tofore conveyed  for  benefit  of  Credi- 
tor by  deed  of  assignment,  or  other- 
wise ;  date  of  such  deed  or  instru- 
ment of  conveyance,  with  name 
and  address  of  party  to  whom  made  ; 
amount  realized  from  same,  and  the 
disposal  of  such  property,  so  far  as 
known  to  Petitioner 


Supposed 
value  of 
my  in- 
terest. 


Amount 
realized 
'rom  pro- 
ceeds of 
irop  e  r  t  y 
conveyed. 


,  Petitioner. 


622 


FORMS    OF   PROCEEDINGS   IN   BANKRUPTCY. 


[Petition  by  Debtor.]  .    SCHEDULE   B.  (5.) 

A  Particular  Statement  of  the  Property  claimed  as  Exempted  from  the  Opera' 
tion  of  said  Act,  by  the  provisions  of  the  \±th  Section  thereof,  giving  Kadi 
Item  (f  Proper  tf/  and  ^ts  Valuation ;   and,  if  any  portion  o/  it  is  Heal 
Estate,  its  Location,  Description,  and  Present  Use. 
N.  B.— The  property  claimed  to  be  Exempt  under  the  Laws  of  any  State  is  to 

bo  described  separately  from  the  rest,  and  reference  given  to  the  Statute  of  said 

State  creating  the  Exception.] 


Property  claimed  to  be  Ex- 
cepted  from  the  opera- 
tions of  said  Act,  and 
which  may  be  set  apart 
by  the  assignee  under  the 
14th  Section 


Property  claimed  to  be  Ex- 
empt by  State  laws ;.  its 
Valuation ;  whether  fteal 
or  Personal  Estate;  its 
Description  2nd  Present 
Use ;  and  nruler  what 
State  Law  Exemption  is 
claimed 


Valutti'n. 


SCHEDULE    B. 


-,  Petitioner. 
(6.) 


[Petition  bj-  Debtor.] 

The  folloicinsj  is  a  True  List  of  all  BooJcs,  Papers,  Deeds,  and  Writings  re- 
lating to  my  Trade,  Butinfit,  Dealings,  Estate,  and  Effects,  or  any  Part 
thereof,  ivliich,  at  the  date  of  this  Petition,  are  in  my  Possession  or  under 
my  Custody  and  Control,  or  which  are  in  the  Possession  or  Custody  of  any 
Person  in  Trust  for  me,  or  for  my  Use,  Benefit  or  Advantage  •  and  also 
of  AM  others  which  have  been  heretofore,  at  any  time  in  my  Possession,  or 
under  my  Custody  or  Control,  and  which  are  now  held  by  the  Parties  uho»4 
nair.es  are  hereinafter  set  forth,  with  the  reason  for  their  Custody  of  the 
same  : 


BOOKS. 


DEEDS  . . 


PAPZBS,  ETC. 


Petitioner. 


(N.  B.— Here  follows  oatn  to  Schedule  B,  as  hereinafter  prescribed.] 


FORMS    OF   PROCEEDINGS   IN    BANKRUPTCY.  623 

OATHS   TO  SCHEDULES  A  AND  B. 

[N  B.— The  following  forma  of  oaths  to  Schedules  A  and  B  of  the  Petition  bf 
Debtor  are  prescribed  and  they  are  to  be  annexed  to  the  same,  respecttive.] 

Oath  to  Schedule  A. 
UNITED  STATES  OF  AMERICA. 
District  of  ,  ss  ;— 

.     On  this          day  of  ,  A.  D.  18    ,  hefore  me  personally  came  the 

person  mentioned  in  and  who  subscribed  to  the  foregoing  Petition  and  Schedule, 
Marked  A,  respectively  and  who  being  by  me  first  duly  sworn  [or.  affirmed]  did 
declare  the  said  Schedule  to  be  a  statement  of  all  his  debts,  &c.,  in  accordance 
with  the  Act  of  Congress  entitled  "  An  Act  to  Establish  a  Uniform  System  of 
Bankruptcy  throughout  the  United  States,"  approved  March  2, 1867. 

District  Judge,  [or,  Register  ;  or,  U.  S.  Commissioner.] 


Oath  to  Schedule  B. 
UNITED  STATES  OF  AMEBICA. 

District  of  ,  ss  ;— 

On  this 


On  this          day  of  ,  A.  D.  18    ,  before  me  personally  came          ,  the 

person  mentioned  in  and  who  subscribed  to  the  foregoing  Petition  and  Schedule. 
Marked  B,  respective-y,  and  who  being  by  me  first  duly  sworn  [  or,  affirmed]  did 
declare  the  said  Schedule  to  be  a  statement  of  all  his  estate,  both  real  and  per- 
sonal, in  accordance  with  the  Act  of  Congress  entitled  "  An  Act  to  Establish  a 
Uniform  System  of  Bankruptcy  throughout  the  United  States,"  approved  March 
2,  J  867. 


District  Judge,  [or,  Register;  or,  U.  S.  Commissioner.] 


Form  No.  2. 

COPARTNERSHIP  PETITION. 

[In  case  of  a  copartnership,  the  form  will  be  as  follows ;] 

To  the  Honorable  Judge  of  the  District  Court  of  the  United  States 

for  the  District  of 

THE   PETITION  of  ,  and  ,  of  in  the 

County  of  ,  and  State  of  ,  and  District  aforesaid,  respectfully  re- 

presents :    That  the  said  ,  and  ,  copartners  transacting  business 

at.  ,  in  the  County  of  and  State  of  ,  and  in  said  Dis- 

trict, have  for  the  months 

[Or 

THAT  the  said  and  members  of  a  copartnership  composed  of 

themselves,  and  one  of  ,  in  the  County  of  ,  and  State 

of  ,  have  for  the  months : —  next  immediate- 

ly preceding  the  filing  of  this  Petition  at  within  said  Judicial  District ; 

that  the  members  of  said  copartnership  owe  debts  exceeding  the  amount  of  three 
hundred  dollars,  and  are  unable  to  pay  all  their  debts  in  full ;  that  they 

are  willing  to  surrender  all  their  estate  and  effects  for  the  benefit  of  their  creditors, 
and  desire  to  obtain  the  benefit  of  the  Act  entitled  "  An  Act  to  Establish  a  Uni- 
form System  of  Bankruptcy  throughout  the  United  States,"  approved  March  2, 
18G7.  " 

That  the  Schedule  hereto  annexed,  Marked  A,  and  verified  by  their  oaths,  con- 
tains a  Full  and  True  Statement  of  all  the  debts  of  said  Copartnership,  and,  as 
far  as  possible,  the  Names  and  Places  of  Residence  of  their  Creditors,  and  the 
further  statements  concerning  such  debts  required  by  the  provisions  of  said  Act. 

That  the  Schedule  hereto  annexed,  Marked  1*.  verified  by  their  oaths,  contain* 
an  accurate  Inventory  of  all  the  estate  of  said  Copartnership  as  required  by  the 
provisions  of  said  Act. 


624-        FOEMS    OF   PROCEEDING    IN   BANKRUPTCY. 

And  said  further  states,  that  the  Scheduln  hereto  annexed,  Marked  O. 

•verified  by  his  oath,  contains  a  Full  and  True  Statement  of  all  his  Individual 
debts :  and,  as  far  as  possible,  the  Names  and  Places  of  Residence  of  his  Credi- 
tors ;  and  the  further  Statements  concerning  euch  debts  required  by  the  provis- 
ions of  said  Act :  and  that  the  Schedule  hereto  annexed,  Marked  »,  verified  by 
his  oath,  contains  an  accurate  Inventory  of  all  his  Individual  Estate  as  required 
by  the  provision  of  said  Act. 

And  said  further  states,  that  the  Schedule  hereto  annexed,  Marked  E, 

verified  by  his  oath,  contains  a  Full  and  True  Statement  of  all  his  Individual  debts, 
and,  as  far  as  possible,  the  Namer  and  Places  of  Residence  of  his  Creditors,  and 
,the  further  Statements  concerning  such  debts  required  by  the  provisions  of  said 
Act ;  and  that  the  Schedule  hereto  annexed,  Marked  F,  verified  by  his  oath,  con- 
tains an  accurate  Inventory  of  all  his  Individual  Estate  as  required  by  the  provis- 
ions of  said  Act. 
[N.  B.— Similar  clauses  to  be  added  for  Schedules  of  each  Copartner  joining  in  the 

WHEREFORE,  TOUR  PETITIONERS  PRAY,  that  after  due  proceedings  had,  they 
may  be  adjudged  by  a  Decree  of  Court  to  be  Bankrupts  within  the  purview  of  said 
Act ;  and  upon  their  compliance  with  all  the  requirements  of  the  said  Act,  and  all 
the  orders  and  directions  of  the  Court  made  in  pursuance  thereof,  they  may  be 
severally  decreed  to  have  a  CERTIFICATE  OF  DISCHARGE  FROM  ALL  THEIR  DEBTS 
provable  under  said  Act,  and  otherwise  entitled  to  all  the  benefits  thereof. 


Petitioners. 

[N.  B.— The  Form  of  the  Oath  to  the  Petition  is  to  be  modified  by  employing 
the  plural  for  the  singular  number,  and  by  the  addition  of  clauses  to  cover  the 
Schedules  of  Each  Copartner.] 


Form  No.  3. 
CORPORATION  PETITION. 

[N.  B.— If  a  Petition  in  Bankruptcy  is  filed  by  a  Corporation,  an  authenticated 
copy  of  a  Vote  or  other  action  of  the  Stockholders,  (or,  party  or  parties  entitled 
to  act  in  behalf  of  such  Corporation,)  authorizing  such  proceedings  should  be  filed 
with  the  Petition,  and  which,  in  substance,  should  be  as  follows :] 

Statement  to  accompany  Potion  of  Corporation,  (In  Bankruptcy) 
AT  A  MEETING  OF  THE  STOCKHOLDERS,  [or,  of  the  Board  of  Directors,  or, 
Trustees,  as  the  Case  may  be,]  of  the  Company,  [or,  Association,  or, 

Bank,  or,  Society,]  a  Corporation  created  by  ,  of  the  State  of  , 

held  at,  in  the  county  of  ,  and  State  of  on  this 

day  of  ,  A.  D.  18    ,  the  Condition  of  the  Aftairs  of  said  Corporation  hav- 

ing been  inquired  into,  and  it  being  ascertained  to  the  Satisfaction  of  said  meet- 
ing that  the  said  Corporation  was  Insolvent,  and  that  its  Affairs  ought  to  be  wound 
up,  it  was  voted  [or.  Resolved]  by  a  Majority  of  the  Corporators  [or,  Stockhold- 
ers, or,  Directors,  or,  Trustees]  present  at  such  Meeting,  (which  was  duly  called 
and  notified  for  the  purpose  of  taking  action  upon  the  subject  aforesaid  :)  that 
be,  and  thereby— Authorized,  Empowered,  and  Required  to 

file  a  Petition  in  the  District  Court  of  the  United  States  for  the  District  of 

,  within  which  said  Corporation  has  carried  on  its  business,  for  the  pur- 
pose of  having  the  same  adjudged  Bankrupt ;  and  that  such  proceedings  be  had 
thereon  as  are  provided  by  the  Act  of  Congress  entitled  "  An  Act  to  Establish  a 
Uniform  System  of  Bankruptcy  throughout  the  United  States,1'  approved  March 
2,  1867. 

IN  WITNESS  WHEREOF,  I  have  hereunto  subscribed  my  name  as  President  [or, 
other  officer  or  agent]  of  said  Corporation,  and  affixed  the 
Seal  of  the  same  this  day  of  ,  A.  D. 

I  Seal  )  18    . 

( of  Corporation,  J 


President  [or,  other  officer]  of  said  Corporation. 


FORMS    OF   PROCEEDINGS   IN   BANKRUPTCY.  625 

[N.  B. — Tq  case  of  a  Corporation,  the  following  changes  arc  to  be  made  in  the 
form  of  Petition  already  prescribed,  viz :  The  substitution  of  the  Name  of  the " 
Corporation  for  that  of  the  Individual  Petitioner,  and  the  omission  of  the  Prayer 
for  a  Discharge  and  the  following  passage  substituted ;  "  And  that  like  proceed- 
ings may  be  ftad  in  the  premises  as  in  said  act  are  provided  in  respect  to  natural 
persons."  The  language  of  the  Oath  to  the  Corporation  Petition  may  be  changed 
to  correspond  with  the  form  of  tho  Petition.] 


Form  No.  14.  Bancroft  UkiHf 

FORM  OF  SPECIAL  LETTER  OF  ATTORNEY. 


In  the  Matter  of 

In  BANKRUPTCY. 
Bankrupt. 


To : , 

SIB  :  [or,  Messrs.,  or,  Gentlemen,]  I,  [or,  we,] 

hereby  authorize  you,  or  any  one  of  you,  to  attend  the  Meeting  of  Creditors  In 
this  matter,  advertised  or  directed  to  be  holden  at  ,  on  the  day 

of  ,  before  ,  or  on  the  day  advertised  in  the  [Name  the  New»- 

papers]  or  any  adjournment  thereof,  and  then  and  there  for  , 

and  in  name  to  vote  for  or  against  any  proposal  or  resolution  that  may  b« 

lawfully  made  or  passed  at  guch  meeting  or  adjourned  meeting ;  and  in  the  choice 
of  Assignee  or  Assignees  of  the  Estate  of  the  said  Bankrupt,  and  for  ,  or  t 
to  accept  such  appointment  of  Assignee. 

Dated  this  day  of  ,A.  D.  18    . 

Witness  to  the  signature  of  , 

____—   —  t 

Exhibited  to  me  this  day  of  ,A.D.  18    . 


Register  in  Bankruptcy. 


Form  No.  17. 
BOND  OF  ASSIGNEE. 


In  the  District  Court  of  the  United  States, 
For  the  District  of 


In  the  Matter  of 

IK  BANKRUPTCY. 
Bankrupt. 


District  of  ,*'*.• 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :   That  WC,  ,  Of  ; 

of  ;  and  of  . 

are  held  and  firmly  bound  unto  the  United  States  of  America  in  the  ,-jBt  and  ftiH 
sum  of  dollars,  to  the  payment  whereof,  well  and  truly  to  be  made, 

we  do  bind  ourselves,  our  and  each  of  our  heirs,  executors  and  administrators. 

Signed,  Sealed  and  Delivered  at  ,  this  day  of 

A.  D. 18    . 

The  said  ,  having  been,  on  the  day  of  A.  D.  18   . 


626  FORMS    OF   PROCEEDINGS   IN   BANKRUPTCY. 

by  order  of  the  District  Court  of  the  United  States  for  the  District 

of  ;  IN  BANKRUPTCY,  appointed  assignee       of  the  estate  of 

a  Bankrupt,  this  Bond  is  executed  pursuant  to  the  thirteenth  Section  of  the  Act 
of  Congress  entitled  "  An  Act  to  Establish  a  Uniform  System  of  Bankruptcy 
throughout  the  United  States,"  approved  March  2, 1867 ;  and  is  conditioned  for 
the  due  and  faithful  discharge  of  all  duties  by  the  said  as  au^a 

assignee,  and  in  compliance  with  the  Orders  and  Directions  of  the  Court  in  the 
matter  of  Bankruptcy  of  the  said 
Signed,  Sealed  and  Delivered 

,    [L.  s.] 

in  presence  of  ,    [L.  s.j 

,    [L.B.1 

fN.  B.— To  be  Endorsed  on  the  above  "  On  the          day  of         ,  A.D.  18    ." 

Approved :  , 

District  Judge,  [or,  Register  in  Bankruptcy 


Form  No.  21. 
PROOF  OF  DEBT,  WITH  SECURITY. 


In  the  District  Court  of  the  United  States, 
For  the  District  of 


In  the  Matter  of 

IK  BANKKUPTCT 
Bankrupt. 


District  of  ,**/ 

On  this  day  of  ,  A.  D.  18    ,  before  me  ,  a  Register 

in  Bankruptcy  [or,  United  States  Commissioner,  or  other  proper  officer]  of  Bald 
District,  personally  appeared  ;  of  ,  in  the  County  of  , 

and  State  of  ,  and  who,  after  being  duly  sworn  [or,  affirmed]  and  exam- 

ined, at  the  time  and  place  aforesaid,  upon  n    oath,  says  that  the  person 

by  [or.  or  against]  whom  a  Petition  for  Adjudication  of  Bankruptcy  is  filed, 
w  at  and  before  the  filing  of  the  Baid  Petition  and  still  ,  justly 

and  truly  indebted  to  this  Deponent,  [or,  the  firm  of  ,  composed  of  this 

deponent  and  ,  transacting  business  at  ,]  in  the  sum  of 

dollars  and       cents,  for  which  said  sum  of  dollars  and       cents,       or  any 

part  thereof,  this  Deponent  has  not  nor  any  person  by  order, 

or  to  this  Deponent's  knowledge  or  belief,  for  use,  received  any  security 

or  satisfaction  whatsoever,  save  and  except  the  ,  hereinafter  mentioned ; 

that  the  claim  was  not  procured  for  the  purpose  of  influencing  the  proceedings 
under  the  Act  of  Congress  entitled  "  An  Act  to  Establish  a  Uniform  system  of 
Bankruptcy  throughout  the  United  States,"  approved  March  2, 1867 ;  that  no  bar- 
gain or  agreement,  expressed  or  implied,  has  been  made  or  entered  into  by  or  on 
behalf  01  this  Deponent  to  eeil,  transfer,  or  dispose  of  said  claim,  or  any  part 
thereof,  against  said  Bankrupt,  or  to  take  or  receive,  directly  or  indirectly,  any 
money,  property,  or  consideration  whatever,  whereby  the  vote  of  this  Deponent 
[or  the  firm  of  which  this  deponent  is  a  member]  for  Assignee,  or  any  action  on  the 
part  of  this  Deponent,  or  any  other  person,  in  the  proceedings  under  said  act,  has^ 
been,  is,  or  shall  be  in  any  way  affected,  influenced,  or  controlled ;  [Here  insert 
a  particular  description  of  the  debt,  and  also  of  the  property  held  as  security,  and 
the  estimate  vxdue  of  such  property.] 

Deponent. 

Subscribed  and  sworn  [or,  affined]  to,  ai  ,  on  the  day  of 

,  A.  P.  18    . 

Before  me  > — , 

District  Judge,  [or,  Register  in  Bankruptcy- 

Or,  U.  S.  Commissioner.} 
BeoeJred  bj  me,  at         this  day  of  ,  A.  D.  18    . 


FORMS   OF   PROCEEDINGS   IN   BANKRUPTCY.  627 

Form  No.  22. 
DEPOSITION  FOR  PROOF  OF  DEBT  WITHOUT  SECURITT. 

In  the  District  Court  of  the  United  States. 
For  the  District  ot 


In  the  Matter  of 

IN  BANKBUPTCT. 
Bankrupt. 


District  of  ,  ss  f 

At  ,  in  the  County  of  ,  and  State  of  ,  on  the 

day  of  ,  A.  D.  18    .before  me  came  ,  of  ,  in  the  Coun 

ty  of  ,  and  State  of  ,  and  made  oath,  [or,  affirmation,]  and  says, 

that  the  said  ,  the  person  whom  a  petition  for  adjudication  of 

Bankruptcy  has  been  filed,  at  and  before  the  filing  of  the  said  PetiUon, 
and  still  justly  and  truly  indebted  to  this  Deponent  in  the  Bum  of,  [Here 

state  the  amount,  and  describe  the  consideration  of  the  Debt,  an£  whether  any, 
and  what,  payments  have  been  made  thereon,"]  for  which  said  su;  i  of 
dollars  and          cents,  or  any  part  thereof,  this  Deponent  says  tfetf.t       he       has 
not  nor  has  any  person  by  h       order,  or  to  this  Deponen**8  knowledge  or 

belief,  for  use,  had,  or  received  any  manner  of  satisfl^vtioi*  or  security 

whatsoever 

And  this  Deponent  further  says  that  the  said  claim  was  no!  procured  for  the 
purpose  of  influencing  the  proceedings  under  the  Act  of  Congest!  entitled  "  An 
Act  to  Establish  a  Uniform  System  of  Bankruptcy  throughout  0  *  United  States,'" 


approved  March  2, 1867 ;  that  no  bargain  or  agreement,  expressed  or  implied,  has 
been  made  or  entered  into  by  or  on  behalf  of  this  Deponent  to  sell,  transfer,  or 
dispose  of  said  claim,  or  any  part  thereof,  against  said  Bankrupt,  or  to  take  or  re- 
ceive, directly  or  indirectly,  any  money,  property,  or  consideration  whatever, 
whereby  the  vote  of  this  Deponent  for  Assignee,  or  any  action  on  the  part  of  this 
Deponent,  or  any  other  person  in  the  proceedings  under  said  Act,  has  been,  is,  o» 
shall  be  in  any  way  affected,  influenced,  or  controlled. 

Deposing  Oreditor. 
Subscribed  and  sworn  [or,  affirmed]  to,  before  me, 


Register  in  Bankruptcy. 

Form  No.  26. 
LETTER  OF  ATTORNEY  TO  REPRESENT  CREDITOR. 

In  the  District  Court  of  the  United  States 
For  the  District  of 


In  the  Matter  of 

Iff  BANKRUPTCY. 

Bankrupt. 


To 


Sir  [Messrs.,  or  Gentlemen]  :~ 

I,  ,  of  the  of  ,  in  the  County  of  ,  and 

Btate  of  ,  do  hereby  authorize  you  [or,  either  of  you]  to  attend  the  Meet- 

lug  or  Meetings  of  Creditors  of  the  Bankrupt  aforesaid,  advertised,  or  directed  to 
be  he'd  at  a  Court  of  Bankruptcy  at  ,  on  the  day  of 

,  A.  D.  18    ,  the  day  notified  in  the  Warrant  issued  to  the  Messenger 


628  FORMS    OF  PROCEEDINGS   IN   BANKRUPTCY. 

by  said  Court  in  said  matter,  or  at  such  other  place  and  time  as  may  be  appointed 
by  the  Court  for  holding  such  meeting  or  meetings,  or  at  which  such  meeting  or 
meetings,  or  any  adjournment  or  adjournments  thereof,  may  be  held,  and  then 
and  there,  from  tune  to  time,  and  as  often  as  there  may  be  occasion,  for  , 

and  in  name  to  vote  for  or  against  any  proposal  or  resolu- 

tion that  may  be  then  submitted  under  the  12th,  iSth,  14th,  18th,  ll)th,  21st,  22d, 
23d,  27th,  28th,  33d.  36th,  37th,  42d  and  43d  Sections  of  the  Act  entitled  "  An  act 
to  Establish  a  Uniform  System  of  Bankruptcy  throughout  the  United  States," 
approved  March  2,  1867  ;  and  in  the  choice  of  assignee,  or  assignees,  of  the  Estate 
of  the  said  Bankrupt,  and  for  ,  [or,  either  of  us]  to  accept  such  appoint- 

ment of  assignee  ;  and  with  like  powers  to  attend  and  vote  at  any  other  meeting. 
or  meetings,  of  Creditors,  or  sitting,  or  sittings,  of  the  Court,  which  may  be  held 
therein  for  any  of  the  purposes  aforesaid,  or  the  Declaration  of  Dividend,  or  for 
any  other  purpose  in  interest  whatsoever. 

In  witness  whereof,  have  hereunto  signed  name,  and  affixed 

seal  the  day  of  ,  A.  D.  18    . 

Signed,  Sealed  and  Delivered  -    -  ,  [L.  s.] 


in  presence  of  -   -  ,  [L.  s.] 

[NOTE.—  The  party  executing  the  above  letter  of  attorney  may  acknowledge  the 
game  before  a  Judge,  Register,  Clerk  or  Commissioner  of  the  Court,  or  any  officer 
authorized  to  take  the  acknowledgment  of  Deeds  or  other  Instrument  in  Writing.] 

N.  B.—  Upon  the  above  letter  of  attorney  should  be  endorsed  the  following  Cer- 
tificate of  the  Register,  to  wit  :  Exhibited  to  me,  this  day  of 

A.D.  18    ,at  .] 

Register  in  Bankruptcy" 


Form  Na.  40. 
PETITION  FOR  REMOVAL  OF  ASSIGNEE. 


In  the  District  Court  of  the  United  States 
For  the  District  of 


In  the  Matter  of 

IN  BANKRUPTCY. 
Bankrupt. 


To  the  Hon.  , 

Judge  of  the  District  Court,  for  the  -District  of  &.• 

District  of  ,  ss : 

The  petition,  of  ,  one  of  the  parties  interested  in  the  settlement  ol 

Baid  Bankrupt's  estate,  petitioning,  respectfully  represents,  that  hereto- 

fore appointed  Assignee  of  said  Bankrupt's  estate,  [Here  set  forth  the  particular 
cause  or  causes  for  which  such  removal  is  requested.] 

Wherefore  pray  that  notice  may  be  served  upon  said 

Assignee  as  aforesaid,  to  show  cause,  at  such  time  as  may  be  fixed  by  the  Court, 
why  an  order  should  not  be  made  removing  him  from  said  trust. 

Subscribed  and  sworn  [or,  affirmed]  to,  this  day  of  ,  A.  D.  IS    . 

at  ,  in  said  District. 

Before  mo  t 

Register  in  Bankruptcy, 


FORMS   OP   PROCEEDINGS   IN   BANKRUPTCY.  029 

Form  No.  51. 
PETITION  OF  BANKRUPT  FOR  HIS  DISCHARGE. 


In  the  Matter  of 

IN  BANKRUPTCY. 
Bankrupt. 


To  the  Hon. ,  Judge  of  the  District. 

Court  of  the  United  States,  for  the  District  of 

A.  B.,  of  ,  in  the  County  of  ,  and  State  of  ,  In 

said  District,  respectfully  represents  that  on  the  day  of 

last  past,  he  was  duly  declared  a  Bankrupt  under  the  Act  of  Congress  5n  that 
case  made  'and  provided ;  that  he  hath  duly  surrendered  all  his  property  and 
rights  of  property,  and  fully  complied  with  and  obeyed  all  the  orders  and  direc- 
tions of  the  Court  touching  his  Bankruptcy,  and  is  ready  to  submit  himself  to 
any  other  and  further  examinations,  orders  and  directions  which  the  Court  may 
require. 

[N.  B.— If  this  Petition  is  filed  within  less  than  six  months  after  the  filing  of 
the  original  Petition  it  should  state  that  no  debts  have  been  proved  against  the 
Bankrupt,  or  that  no  assets  have  come  into  the  hands  of  the  Assignee.] 

Wherefore  he  prays,  that  he  may  be  decreed  by  the  Court  to  have  a  full  dis- 
charge from  all  his  debts  provable  under  said  Bankrupt  Act,  and  a  certificate 
thereof  granted  according  to  the  said  Act  of  Congress. 

Dated,  this  day  of  ,A.D.  18    . 

Petitioner  in  Bankruptcy. 


Form  No.  54. 

CREDITOR'S  PETITION. 

To  the  Honorable  ,  Judge  of  the  District  Court  of  the  United 

States  for  the  District  of 

THE  PETITION  of  ,  of  the  ,  of  ,  in  the  County 

of  ,  and  State  of  ,  respectfully  shows :  That  he  is  Creditor 

of  ,  who  for  a  period  of  months  next  preceding  the  date  of 

the  filing  of  this  Petition,  has  resided  at  ,  in  the  County  of 

and  State  of  ,  and  District  aforesaid.    That  your  Petitioner's  demand 


said  ,  owes  debts  to  an  amount  exceeding  the  sum  of  Three  Hundred 

Dollars ;  that  your  Petitioner's  demand  exceeds  the  amount  of  Two  Hundred 
and  Fifty  Dollars  ;  and  that  the  nature  of  your  Petitioner's  demand  against  the 
Bald  is  as  follows : 

A  certain  promissory  note  signed  by  said  ,  payable  to  the  order  of 

your  Petitioner,  [or,  naming  the  party  to  whose  order  the  said  note  is  made  paya- 
ble,] of  which  the  following  is  a  Copy,  to  wit :  [or,  set  forth  evidence  of  indebted- 
ness in  any  other  form  to  a  liquidated  amount,  exceeding  Two  Hundred  and  Fifty 
Dollars,  to  meet  the  case.] 

And  your  Petitioner  further  represents,  that  within  .ihe  Six  Calendar  Months 
next  preceding  the  date  of  this  Petition,  the  said  ,  did  commit  an  act 

of  Bankruptcy  within  the  meaning  of  said  Act,  to  wit :  In  that  the  said  , 

did  heretofore,  to  wit :  on  the  day  of  ,  A.  D.  18    ,  depart 

out  of,  and  from  the  State  of  ,  of  which  he  is  an  inhabitant  as  afore- 

said, with  intent  to  defraud  his  creditors,  [or,  being  absent  during  said  period, 
he  has,  with  intent  to  defraud  his  creditors  remainedabBent  from  said  State :— 


630  FORMS    OP   PROCEEDINGS   IN   BANKRUPTCY. 

[Or, 

That  the  said  ,  within  the  period  aforesaid,  to  wit :  On  the 

day  of  ,  A.D.  18    ,  within  said  District,  did  conceal  himself,  [or,  did 

disguise  himself.]  to  avoid  the  service  of  Legal  Process  in  an  action  for  the  recov- 
ery of  a  debt  or  demand,  provable  under  said  Act,  to  wit :  To  avoid  the  service  of 
Legal  Process  in  a  suit  brought  by  in  the  Court, 

of  the  State  of  ,  [or,  any  other  Court]  in  which  such  process  had  been 

issued,  to  be  served  upon  the  said  ,  by  ,  Marshal  for  said 

District,  [or,  Sheriff,  Constable,  or  other  Officer,  or  party,  as  the  case  may  be,]  at 
which  time  the  said  ,  did  conceal  himself,  and  remain  secreted,  to  avoid 

the  service  of  said  Process,  so  that  the  said  Officer  or  party  having  the  same  to 
serve  upon  said  Debtor  was  unable  to  find  him,  in  order  to  make  proper  service 
of  the  same  :— 

Or, 

That  the  said  ,  within  the  period  aforesaid,  to  wit :  At  . 

in  said  District,  on  the  day  of  ,  A.  D.  18    ,  being  possessed 

of  certain  Property,  to  wit :  [Here  describe  the  Property,']  and  he,  being  aware 
that  Legal  Process  had  been  issued,  [or,  was  about  to  be  issued,]  to  be  levied 
thereon  at  the  Suit  of  some  one  or  more  of  his  Creditors,  did  conceal,  [or,  re- 
move ;  or,  destroy  the  identity,]  of  said  Property  to  avoid  its  being  Attached, 
Taken,  or  Sequestered  on  such  Process  :— 

[Or, 

That  the  said  ,  within  the  period  aforesaid.to  wit :  At 

said  in  District,  on  the  day  of  ,  A.D.  18    ,  being  possessed 

of  certain  Estate.  Property,  Rights  or  Credits,  to  wit :  [Here  describe  the  Prop- 
erty and  where  situated,']  did  make  an  Assignment,  [or,  Gift,  Sale,  Conveyance, 
or  Transfer,  as  the  case  may  be,]  of  th$  same,  [or,  of  any  part  thereof— mention- 
Ing  the  part,]  to  ,  of  ,  in  the  County  of  ,  and  State 
of  ,  with  intent  to  delay,  [or,  hinder  ;>  or,  defraud,]  th»  Creditors  of 
him,  the  said  :— 


trict, 


[Or, 

That  the  said  ,  within  the  period  aforesaid,  and  within  said  Dis 

to  wit :  At  ,  has  been  arrested  and  held  in  custody  under  and  by  vnv 

tue  of  mesne  process,  [or,  Execution ;  or,  as  the  case  may  be,]  issued  out  of  the 
Court  of  the  United  States  for  the  District  of  , 

[or,  of  any  Court  of  any  State,  District,  or  Territory,]  within  which  such  debtor 
resides  or  has  property,  founded  upon  a  demand,  in  its  nature  provable  against 
the  Bankrupt's  Estate  under  said  Act,  and  for  a  sum  exceeding  One  Hundred 
Dollars  ;  and  that  such  Process  is  remaining  in  force,  and  not  discharged  by  pay- 
ment, or  in  any  other  manner  provided  by  the  Laws  of  such  State  applicable 
thereto,  for  a  period  of  Seven  days : 

[Or, 

That  the  said  .within  the  period  aforesaid,  and  within  said  District, 

to  wit :  On  the  day  of  ,  A.  D.  18    ,  being  Bankrupt,  [or,  in- 

solvent ;  or,  in  Contemplation  of  Bankruptcy,  or  Insolvency,]  did  make  to  , 

of  ,  in  the  County  of  ,  and  State  of  ,  a  payment, 

[or,  Gift,  Grant,  Sale,  Conveyance  or  Transfer,]  of  money,  [or,  of  any  other  Prop- 
erty. Estate,  Rights  or  Credits,]  [or,  did  giveHo  ,  of  ,  in  the 
County  of  ,  and  State  of  ,  a  Warrant  to  Confess  Judgment, 
or  did  Procure,  or  Suffer  his  Property  to  be  taken  on  Legal  Process,]  in  favor  of 
,  of  ,  in  the  County  of  ,  and  State  of  ; 
the  said  judgment  to  be  confessed,  issuing  out  of  the  Court  of  ; 
with  the  intent  to  give  a  preference  to  ,  of  ,  in  the  County 
of  ,  and  State  of  ;  [or,  to  one  or  more  of  his  Creditors  ;  or, 
with  the  intent,  thereby,  to  give  preference  to  ,  of  ,  in  the 
County  of  ,  and  State  of  ,  being  a  person,  [or,  persons,] 
who  were  liable  for  him  as  Endorser,  Bail.  Sureties,  or  otherwise,  [describing  tht 
particular  relation,']  or,  with  the  intent  by  such  disposition  of  his  Property  to 
Defeat,  or  Delay  the  operation  of  said  Act.] 

[Or. 

That  the  said  ,  within  the  period  aforesaid,  and  within  said  District, 

to  wit  •  On  th«  day  of  ,  A.  D.  13    ,  being  a  Banker,  [or,  Mer- 


FOEMS    OF   PROCEEDINGS    IN   BANKRUPTCY.  631 

chant ;  or  Trader,  or  as  the  case  maybe,]  has  fraudulently  stopped ;  or  suspended 
(and  has  not  resumed)  payment  of  his  Commercial  Paper  within  a  period  of  foar 
teen  days. 

[N.  B. —  Whichever  of  the  acts  is  relied  upon  as  the  act  of  Bankruptcy  of 
Debtor,  the  Same  must  be  particularly  described.'] 

WHEREFORE,  TOUR  PETITIONER  PRATS,  that  he,  the  said  ,  may  be 

declared  a  Bankrupt,  and  that  a  Warrant  may  be  issued  to  take  possession  of  his 
Estate ;  that  the  same  maybe  distributed  according  to  law ;  and  that  such  further 
proceedings  may  be  had  thereon,  as  the  law  in  such  case  prescribes. 

Solicitor  [or,  Attorney.']  Petitioner. 


Oath  to  Foregoing  Petition. 
UNITED  STATES  OF  AMERICA. 
District  of  ,  u  ;— 

I.  ,  the  Petitioner  above  named,  do  hereby  make  solemn  oath  that  the 

statements  contained  in  the  foregoing  Petition  subscribed  by  me  are  true,  so  far 
as  the  same  are  stated  of  my  own  knowledge,  and  that  those  matters  which  are 
stated  therein  on  information  and  belief,  are  true  according  to  the  best  of  my 
knowledge,  information  and  belief. 


Petitioner. 


Subscribed  and  sworn  [or,  affirmed]  to  before  me,  this  day  of 

A.D.18    . 


District  Judge,  [or,  Register  in  Bankruptcy ;  or,  V.  S.  Commissioner.'] 

[N.  B. — In  case  the  parties  proceeded  against  are  a  Copartnership,  or  a  Corpor- 
ation, the  above  forms  may  be  varied  accordingly,] 


Form  No.  55. 
DEPOSITION  AS  TO  PETITIONING  CREDITOR'S  CLAIM. 

[To  be  filed  with  Creditor's  Petition. 
In  the  District  Court  of  the  United  States, 
For  the  District  of 


IN  Bankruptcy. 


In  the  Matter  of 

Against  whom  a  Petition  for  Adjudica- 
tion of  Bankruptcy  was  Filed  on  the 
day  of  A.D.13    . 

At  .in  said  District,  on  the       day  of          ,  A.  D. 

18    .  Before  ,  one  of  the  Registers  of  said  Court,  in  Bankruptcy. 

District  of  ,  98  ;— 

,  of  ,  in  the  County  of  ,  and  State  of  being 

duly  Sworn,  [or,  Affirmed]  and  Examined,  at  the  Time  and  Place  above  mention- 
ed, upon  his  Oath,  [or,  affirmation,]  says  that  the  said  was,  [or,  were,] 
on  and  before  the  day  of  ,  A.  D.  18  ,  and  still  justly 
and  truly  indebted  unto  this  Deponent,— [Here  give  a  particular  description  of  th* 
Debt.] 

,  Petitioning  Creditor. 

On  the  day  of  ,  before  me  personally  appeared,  the 

above  named  Petitioning  Creditor,  and  was  duly  swcra  to  the  truth  of  the  fore- 
grorng  statement. 

,  Begister  in  Bankruptcy. 


632  FOEMS   OF  PROCEEDINGS   IN   BANKRUPTCY. 

Form  No  56. 

DEPOSITION  OF  WITNESS  TO  ACT  OF  BANKRUPTCY. 
[To  be  filed  with  Creditor's  Petition.] 

In  the  District  Court  of  the  United  States, 
For  the  District  of 


In  the  Matter  of 

Against  whom  a  Petition  for  Adjudica- 
tion in  Bankruptcy  was  Filed  on  the 
day  of  ,  A.D.  18    . 


IN  Bankruptcy. 


At  ,  in  Said  Districts  on  the          day  of 

,  A.  D.  18    ,  Before  ,  one  of  the  Registers  of  said 

Court  in  Bankruptcy  : — 

,  District  of  ,«*/— 

being  duly  Sworn,  [or,  Affirmed,]  and  Examined,  upon  his  Oath,  [or,  Affirmation,] 
eaye,  that.  [Here  set  forth  particularly  the  Witness's  knowledge  of  the  Act  of 
Bankruptcy  alleged  to  have  been  committed  by  the  party  proceeded  against.] 

On  the  day  of  ,  appeared  personally,  the  above  named 

Witness,  £ml  w«*  lofy  UAorn  to  the  truth  of  the  foregoing  statement. 

,  Register  in  Bankruptcy. 


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K,  II,  BAftCRQjiT  AND  COMPANY, 

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FSANCISCO,  CAL. 


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v 

OFFER,  at  WLo  t     omplete  Stocks  of 

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in  the  World.    We  issue  the  following  <  'at^.loguef-,  any  one  of  which 
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X.  Miscellaneous  Books* 

IL  Scientific  Books, 

III,  School  Books,  '  , 

IV.  Law  Books, 

VI.  Helirious  itcxxks,  T.  Medical  Books, 

"VII.  Subacrip  ior  T'.o-oks. 

^4   ikS, 

IX.  Stationery. 


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a  ;d  u-nqvu   tionably  the  finest  ever  made  ia  the.  count-; 

•  t  having  had  an  opportunity  to  examine  them,  will  have 

,.  the  style  of  manufacture,  anJ  Catalogue  with  prices, 
tu 


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SCFIPriON    EdOKB. 

»  given,  to  eell   j 

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